Madras High CourtCRL OP(MD)/20196/2023disposed of

Kandasamy v. The Superintendent Of Police

2024-09-11Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.20196 of 2023

1. Kandasamy

2. Shanmugam ... Petitioners Vs.

1. The Superintendent of Police Trichy District, Trichy.

2. The Inspector of Police Manapparai Police Station, Trichy District.

3. Chinrasu

4. Selvam @ Vellaikannu

5. Sivakumar

6. Palaniyandi ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to direct the second respondent to provide adequate police protection to the petitioners to plough and cultivate the land in Survey No.185/1A, 193/1, 194/12 ,194/13, 194/14, 196/6 situated at Kannivadugapatti Village Marungapuri Taluk Trichy District.

For Petitioners : Mr.T.Lenin Kumar For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side)for R1&2 : Mr.M.Karthick for R3 to 5 : No appearance fof R6

ORDER

The petitioners have filed this petition for police protection.

2. Heard the learned counsel on either side.

3. The learned counsel for the petitioners would submit that already the petitioners have got a civil Court decree and even in the execution proceedings, the respondents were set exparte. When the decree is in favor of the petitioners, the respondent police are bound to give protection.

4. The Government Advocate (Criminal Side) would submit that the private respondents called and they have given an undertaking in writing that they will abide by the civil Court decree.

5. It is also stated that even after giving undertaking before the execution court, again, the petitioners are being prevented from entering the land. Therefore, if anything is again reported or if the said respondents are preventing the petitioners from entering the land, protection has to be given to the petitioners in terms of this civil court decree. When the order / decree of the Civil Court has become final, the respondent police shall give protection strictly in terms of the civil court decree. Therefore, if and when any interference is made, the same shall be immediately reported specifically by the petitioners, to the respondent police and the respondent police shall give protection, in terms of the civil court decree.

6. With the above said direction, this Petition stands disposed of. 11.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS

D.BHARATHA CHAKRAVARTHY,J LS TO

1. The Superintendent of Police Trichy District, Trichy.

2. The Inspector of Police Manapparai Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.20196 of 2023 Date : 11.09.2024