Madras High Court
K.Jayalakshmi vs The State on 1 February, 2021
Crl.O.P.No.16401 of 2020
zzzIN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2021
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.16401 of 2020
K.Jayalakshmi .. Petitioner
Vs
1.The State,
Rep. by the Superintendent of Police,
District Police Office Building, 2nd Floor,
Sathuvacheri,
Vellore – 632 009.
2. The Inspector of Police,
Latheri Police Station,
National Highway 234,
Katpadi Taluk,
Vellore District – 632 202.
3. K.Sundaresan
4. Kasiammal
5. S.Munusamy
6. S.Perumal .. Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, to direct the 2nd Respondent to provide necessary
police protection to restore possession of the property of the Petitioner in
Old Survey No.226, New Sub Division Survey No.226/15, 16,
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1/4
Crl.O.P.No.16401 of 2020
Karasamangalam Village, Office of the Katpadi, Sub Registrar, Katpadi
Taluk, Vellore District.
For Petitioner :Ms.B.Aparna
For Respondents :Mr.Mohammed Riyaz
Additional Public Prosecutor
for R1 & R2
ORDER
This petition has been filed seeking for police protection in order to
restore the possession to the petitioner based on the complaint given by
the petitioner on 02.09.2020.
2.The case of the petitioner is that she entered into an agreement
of sale with the 3rd respondent in the year 2006. Since the 3rd respondent
failed to fulfill his part of the obligation, a suit came to filed in O.S.No.109
of 2009 for specific performance. According to the petitioner, the suit was
decreed in her favour by Judgment and Decree dated 28.04.2010.
Thereafter, a sale deed was executed in favour of the petitioner by the
Execution Court by registered Sale Deed, dated 18.01.2011. The further
case of the petitioner is that the possession was handed over to her
through Court Bailiff on 21.08.2014.
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Crl.O.P.No.16401 of 2020
3.It is stated that the respondents 3 to 6 trespassed into the
property in the year 2017 and took illegal possession of the property. The
petitioner gave a complaint in this regard requesting for restoring the
possession. Since this complaint was not acted upon by the respondent
police, the present petition has been filed before this Court seeking for
appropriate directions.
4.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing on behalf of the respondents 1 & 2.
5.In the considered view of this Court, involving the respondent
police directly at this stage to restore possession to the petitioner may not
be appropriate. The most appropriate procedure that requires to be
followed by the petitioner is by filing an execution petition before the Sub
Court, Vellore seeking for restoration of possession by bringing to the
notice of the Court the entire facts. The Execution Court has to assess the
entire materials and thereafter, pass orders in the execution petition. If
required, the Execution Court can also order for police protection in order
to restore possession to the petitioner.
6.In view of the above, the petitioner has to necessarily workout her
remedy by filing an execution petition before the Sub Court, Vellore. The
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Crl.O.P.No.16401 of 2020
N. ANAND VENKATESH.J
ssr
Execution Court shall enquire the same and pass final orders, within a
period of three months from the date of filing of the execution petition.
7.This criminal original petition is disposed of accordingly.
01.02.2021
Index : Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
ssr
To
1.The Superintendent of Police,
District Police Office Building, 2nd Floor,
Sathuvacheri,
Vellore – 632 009.
2. The Inspector of Police,
Latheri Police Station,
National Highway 234,
Katpadi Taluk,
Vellore District – 632 202.
3.The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.16401 of 2020
https://www.mhc.tn.gov.in/judis/
