G.Pounraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN G.Pounraj ... Petitioner vs.

1.The Superintendent of Police, Theni District.

2.The Sub-Inspector of Police, Odaipatti Police Station, Theni District.

3.Petchiyammal 4.Panjangam 5.Sriganth 6.Chinnaiyan 7.Raman 8.Lakshmanan ... Respondents 1/6

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Sub-Inspector of Police, Odaipatti Police Station, Theni District, the 2nd respondent herein, to give adequate police protection to the life and limb of the petitioner and his family and to his property in S.No.243/1 & S.No.243/2, situated at Seepalakotai Village, Uthamapalayam Taluk, Theni District from the 3rd to 8th respondents, based on the representation given by the petitioner dated 16.11.2022. For Petitioner : Mr.S.Balaji For R1 & R2 : Mr.S.S.Madhavan, Government Advocate (Criminal Side) For R3 to R8 : No appearance

ORDER

This petition is filed seeking for police protection to the petitioner and his properties from unofficial respondents.

2. It is submitted by the learned counsel for the petitioner that there are disputes between the petitioner and the unofficial respondents in respect of land and properties in Patta No.923 in S.No.243/1 and 243/2 at Seepalakottai Village, Uthamapalayam Taluk, Theni District. The petitioner's wife filed 2/6

O.S.No.105 of 2013 seeking permanent injunction against the third respondent and said suit was decreed, and aggrieved by the same, third respondent filed A.S.No.15 of 2016 and the same was also dismissed. The petitioner has filed a writ petition in W.P(MD)No.21476 of 2018 for a direction to the concerned Authority to survey the land and same was stated to have been allowed.

3. It is submitted that when the unofficial respondents tried to trespass into his property, the petitioner filed a complaint and the Police have registered a case in C.C.No.68 of 2022 and still the unofficial respondents are trying to interfere with his possession, therefore, he has sought for police protection.

4. When the matter was taken up on the last occasion, the learned counsel representing the unofficial respondents 3 to 8 intervened and requested time. However, today, there is no representation on their behalf. 3/6

5. The learned Additional Public Prosecutor submitted that apart from the cases referred by the petitioner, a case under Section 107 of the Code of Criminal Procedure is also there between the parties.

6. Considering the submissions and on perusal of records, since it is alleged that, still the unofficial respondents are trying to interfere with the possession of the petitioner, the respondent Police are directed to consider the representation of the petitioner and if satisfied, provide necessary police protection to the petitioner, his family members and his properties.

7. With the above directions, this Criminal Original Petition is disposed of.

28.07.2023 Speaking/Non-speaking Order NCC : Yes / No Index : Yes / No mbi 4/6

To 1.The Superintendent of Police, Theni District.

2.The Sub-Inspector of Police, Odaipatti Police Station, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN, J.

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