S.Muthumanickam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

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

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

2.The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to provide adequate police protection to remove the thorn bush and Julia Flora trees in the property comprised in Survey No.193/1 measuring to an extent of 1.17 acres situated at Vadugapatti Village, Watrap Taluk, Virudhunagar District by considering the petitioner's representation dated 15.12.2022. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent to provide adequate police protection to remove the thorn bush and Julia Flora trees in the property comprised in Survey No.193/1 measuring to an extent of 1.17 acres situated at Vadugapatti Village, Watrap Taluk, Virudhunagar District by considering the petitioner's representation dated 15.12.2022.

2. The learned counsel appearing for the petitioner would submit that the petitioner has earlier filed a civil suit in O.S.No.181 of 2010 against one Malathi and obtained a decree for declaration and for permanent injunction and also for declaration that the sale deed in favour of the said Malathi is not valid. He would further submit that subsequent to the decree, the said Malathi has sold the property to various persons and subsequently, the purchasers have filed suits and the same are now pending.

2/4

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner has earlier filed a complaint before the Chief Minister's Cell and the same was forwarded to the second respondent and after enquiry, the same was ordered to be closed. He would further submit that subsequently, the petitioner has sent the present complaint dated 15.12.2022 to the first respondent and copy of the same was sent to the second respondent.

4. Considering the above facts and circumstances and also the competent civil Court has already granted decree in favour of the petitioner, the second respondent is directed to consider the representation of the petitioner dated 15.12.2022 and pass suitable orders within a period of ten days from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

03.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Nathampatti Police Station, Virudhunagar District.

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

Order made in Dated: 03.01.2023 4/4