Madras High Court
C. Venugopal vs The Superintendent Of Police on 23 December, 2021
CRL.O.P.No.24969 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.24969 of 2021
C. Venugopal ... Petitioner
Versus
1.The Superintendent of Police,
Tiruvannamalai District,
Tiruvannamalai.
2.The District Superintendent of Police (Rural),
Tiruvannamalai District,
Tiruvannamalai.
3.The Inspector of Police,
Vettaivalam,
Pennathur Taluk,
Tiruvannamalai District.
4.C. Raja ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the respondents 1 to 3 to grant police
protection to the petitioner and his property admeasuring 0.17 acres
comprised in Sy.No.110.2 and 0.99 acres comprised in Sy.No.106/9 totally
Page No.1 of 6
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CRL.O.P.No.24969 of 2021
admeasuring 1 acre and 6 cents, situated at Pannaiyur Village, Pennathur
Taluk, Tiruvannamalai District.
For Petitioner : Mr. R. Rajarajan
For Respondents : Mr. E. Raj Thilak, for R1 to R3
Additional Public Prosecutor
*****
ORDER
This Criminal Original Petition is filed to direct the respondents 1 to
3 to grant police protection to the petitioner and his property admeasuring
0.17 acres comprised in Sy.No.110.2 and 0.99 acres comprised in
Sy.No.106/9 totally admeasuring 1 acre and 6 cents, situated at Pannaiyur
Village, Pennathur Taluk, Tiruvannamalai District.
2. The grievance of the petitioner is that the petitioner had sent a
complaint to the respondents-police on 15.11.2021 and by post on
24.11.2021. No action has been taken. The further grievance is that the
petitioner owns land at Pannaiyur Village, Pennathur Taluk,
Thiruvannamalai. The petitioner had purchased the property from one
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CRL.O.P.No.24969 of 2021
Nallathambi and his brother. There was some civil dispute and the civil
suit in O.S.No.423/2006 was pending before the learned Principal District
Munsif, Thiruvannamalai. The suit was decreed in favour of petitioner by
judgment dated 31.10.2007. Aggrieved against the same, the said Raja/4th
Respondent filed an appeal in A.S.No.18/2009, the same was dismissed on
14.07.2010. Thereafter, the second appeal in S.A.No.1463/2020 was filed
and the same was dismissed on 01.12.2020. Thereafter, the said Raja/4th
Respondent along with his wife Malliga and sons Murugan and
Purushathaman and two of his daughters Anjali and Jhansirani along with
other henchmen attempted to trespass into the land. Despite the petitioner
armed with civil Court order is unable to enjoy the property.
3.The learned Additional Public Prosecutor, appearing for the
respondents 1 to 3 would submit that the petition has been received by
post, there are several aspects to be verified with the petitioner as regards
to the pendency of the civil suit and the final order of the civil suit and
particulars with regard to attempted trespass on 04.11.2021, unless the
petitioner submits the copy of the complaint along with the necessary
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CRL.O.P.No.24969 of 2021
documents, the respondents-police would not be in a position to take any
action.
4.The learned counsel for the petitioner on instructions submits
that the petitioner will appear before the respondents-police on
04.01.2022, or any day thereafter, along with the necessary documents and
copy of this order. The respondent-police on receipt of the same to take
appropriate action.
5.With the above direction, this criminal original petition is
disposed of.
23.12.2021
Index: Yes/No
Internet: Yes/No
AT
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24969 of 2021
To
1.The Superintendent of Police,
Tiruvannamalai District,
Tiruvannamalai.
2.The District Superintendent of Police (Rural),
Tiruvannamalai District,
Tiruvannamalai.
3.The Inspector of Police,
Vettaivalam,
Pennathur Taluk,
Tiruvannamalai District.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24969 of 2021
M.NIRMAL KUMAR, J.
AT
CRL.O.P.No.24969 of 2021
23.12.2021
https://www.mhc.tn.gov.in/judis
