Madras High CourtCRL OP(MD)/21944/2023dismissed

Rajapandiyan v. The Superintendent Of Police

2023-12-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Rajapandiyan ... Petitioner Vs

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

2. The Inspector of Police, Cumbum South Police Station, Theni District.

3. Mohammed Jakkariya

4. Haroon Rashith ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the 2nd respondent to accord adequate police protection for complying with the order passed by the learned District Munsif, Uthamapalayam, Theni District in R.L.T.O.P.No.01/2021 dated 25.08.2023 in the light of the petitioner's representation, dated 27.10.2023. For Petitioner : Mr. Dhilipan Pandian R L For Respondent : Mr. R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition had been filed to direct the 2nd respondent to accord adequate police protection for complying with the order passed by the learned District Munsif, Uthamapalayam, Theni District in R.L.T.O.P.No.01/2021, dated 25.08.2023.

2.The case of the petitioner is that there is a dispute between the petitioner/landlord and third respondent/tenant. First attempt was made by the tenant before the Civil Court by filing a suit in O.S.No.43 of 2021, which was dismissed for default. Later, this petitioner filed a petition in R.L.T.O.P.No.01 of 2021 before the District Munsif Court, Uthamapalayam seeking an order of eviction and that was also considered and ordered in favour of the petitioner on 25.08.2023. The third respondent is making false documents and creating encumbrance over the property. Hence, seeking police protection to comply with the said order this petition has been filed. 3.In order to execute a civil Court decree, the petitioner cannot file this sort of representation seeking police protection. The petitioner has to 2/4

file appropriate execution petition before the concerned Court. Apart from that this Court cannot entertain such of this issue. 4.Accordingly, this petition stands dismissed. 06.12.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM To

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

2. The Inspector of Police, Cumbum South Police Station, Theni District.

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

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G.ILANGOVAN, J.

PNM ORDER IN 06.12.2023 4/4