Madras High Court
Mrs.Bhavani Ramakrishnan vs State Rep. By The Inspector Of ... on 25 August, 2021
CRL.O.P.No.14796 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.14796 of 2021
Mrs.Bhavani Ramakrishnan ... Petitioner
Versus
1.State Rep. by the Inspector of Police (L&O),
S-12, Chitlapakkam PS,
Chitlapakkam,
Chennai – 64.
2.The Assistant Commissioner of Police,
Selaiyur Range,
Selaiyur,
Chennai – 600 073.
3.The Joint Commissioner of Police,
Chennai South Zone,
St. Thomas Mount,
Chennai – 600 016.
4.Mr.Alan Shephard ... Respondents
Page No.1 of 6
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CRL.O.P.No.14796 of 2021
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct respondent Nos.1 to 3 to give police
protection to the petitioner from the fourth respondent while entering in
the premises at No.193, F1, 1st Floor, J K Flats, Santhi Nagar, 2nd Cross
Street, Chrompet, Chennai – 600 044.
For Petitioner : Mr.K.Perumal
For R1 to R3 : Mr.A.Damodaran,
Government Advocate (Crl. Side)
*****
ORDER
This Criminal Original Petition is filed to direct respondent Nos.1
to 3 to give police protection to the petitioner from the fourth respondent
while entering in the premises at No.193, F1, 1st Floor, J K Flats, Santhi
Nagar, 2nd Cross Street, Chrompet, Chennai – 600 044.
2.The contention of the petitioner is that the petitioner is the owner
and landlord of the property situated at No.193, F1, 1st Floor, J.K.Flats,
Santhi Nagar 2nd Cross Street, Chrompet, Chennai - 44. The fourth
respondent is the tenant. The petitioner has filed a petition in
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CRL.O.P.No.14796 of 2021
RCOP.No.14 of 2011 before he District Munsif at Alandur and the same
was allowed and she obtained a final decree on 16.09.2013. Thereafter
the fourth respondent had filed an appeal in RCA.No.11 of 2015 before
the Appellate Authority and Sub Court at Tambaram and the same was
dismissed. Thereafter the fourth respondent/tenant had filed a CRP
before this Court in CRP.NO.4290 of 2017 and the above said CRP came
to be dismissed on 16.03.2020. The fourth respondent/tenant had
preferred an appeal before the Hon'ble Supreme Court of India in
SLP NO.8650 of 2020 and the Apex Court by its Judgment dated
23.07.2020 had dismissed the SLP by giving two weeks time i.e. till
31.12.2020 for the respondent to vacate the suit premise and to file an
undertaking before the Registry of this Court, within four weeks from
that date.
3.Further the fourth respondent shall not create any third party
rights over the property and directed to clear all the rent dues and in the
meanwhile peacefully vacate and hand over the premise of the suit
property. In view of the same, the fourth respondent has got no other
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CRL.O.P.No.14796 of 2021
way and he has to vacate and handover the peaceful possession of the
suit property to the petitioner. But the respondent had not complied with
the directions of the Apex Court. Hence the petitioner had approached
the respondent police and there was no response from them also. Hence
the petitioner has filed this Criminal Original Petition.
4.The learned Government Advocate [Crl. Side] submitted that on
receipt of the complaint of the petitioner dated 28.12.2020, the fourth
respondent had called for enquiry and he had given an undertaking to
vacate the suit premise. In view of the petitioner exhausting all civil
remedies before all forums and finally before the Apex Court. The Apex
Court had given a direction that the fourth respondent to vacate the
premise peacefully and handover the possession to the petitioner.
5.This Court finds that in view of such direction, the fourth
respondent has no right in any manner, continue to stay in the premise.
In view of the same, the third respondent i.e. the Joint Commissioner of
Police, Chennai South Zone, St.Thomas Mount, Chennai - 600 016 is
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CRL.O.P.No.14796 of 2021
directed to see that the order of the Apex Court is implemented forthwith.
6.With the above direction, this Criminal Original Petition stands
disposed of.
25.08.2021
Note: ISSUE ORDER COPY ON 02.09.2021
Index: Yes/No
Internet: Yes/No
ah
To
1.The Inspector of Police (L&O),
S-12, Chitlapakkam PS,
Chitlapakkam,
Chennai – 64.
2.The Assistant Commissioner of Police,
Selaiyur Range,
Selaiyur,
Chennai – 600 073.
3.The Joint Commissioner of Police,
Chennai South Zone,
St. Thomas Mount,
Chennai – 600 016.
4.The Public Prosecutor,
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CRL.O.P.No.14796 of 2021
High Court, Madras.
M.NIRMAL KUMAR, J.
ah
CRL.O.P.No.14796 of 2021
25.08.2021
https://www.mhc.tn.gov.in/judis/
