Madras High CourtCRL OP(MD)/22743/2022disposed of

Chinammal v. The Superintendent Of Police

2023-01-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Chinammal ... Petitioner Vs.

1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Andipatti Police Station, Theni District.

3.Arujunan 4.Pandiyarajan 5.Sundiramurthi 6.Jeyaram 7.Ayyavu 8.Vellaichamy 9.Murugan 10.Ramar 11.Nagaraj 12.Karuthapandi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 to provide necessary police protection to the petitioner's life and limb for using 12ft pathway to reach petitioner's property in S.No.2155/1 which is situated at Eathakopvil Village, Andippatty Bit-II, Andipatty Taluk, Theni District 1/4

as per the judgment and decree granted in O.S.No.116 of 2021 on the file of the learned District Munsif Court, Andipatty. For Petitioner : Mr.Senthil Kumaraiah.J For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents 1 and 2 to provide necessary police protection to the petitioner's life and limb for using 12ft pathway to reach petitioner's property in S.No.2155/1 which is situated at Eathakopvil Village, Andippatty Bit-II, Andipatty Taluk, Theni District as per the judgment and decree granted in O.S.No.116 of 2021 on the file of the learned District Munsif Court, Andipatty.

2. According to the petitioner, the suit in O.S.No.160 of 2021 for permanent injunction was filed and the suit was decreed. He would further submit that subsequently, petition to set aside the ex-parte decree has been filed and the same is pending.

2/4

3. The learned Government Advocate (Crl.side) would submit that the petitioner has preferred a complaint and the same was registered in CSR.No.754 of 2022 and after enquiry, the parties have agreed to abide by the judgment of the civil Court and on that basis, the complaint was ordered to be closed.

4. Recording the submission of the learned Government Advocate (Crl.side), the Criminal Original Petition is disposed of. The petitioner is directed to give a fresh representation to the Inspector of Police and on receipt of such representation, the same shall be considered by taking note of the decree obtained by the petitioner in his favour and disposed of in accordance with law 23.01.2023 NCC :

Yes / No Index :

Yes / No Rmk 3/4

K.MURALI SHANKAR,J., Rmk To 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Andipatti Police Station, Theni District.

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

Order made in Dated: 23.01.2023 4/4