R.Pradhap vs The Superintendent Of Police
2021 Latest Caselaw 1495 Mad

                                                       1            Crl.OP No. 19097 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 22.01.2021

                                                    CORAM

                               THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                            CRL.O.P.No.19097 of 2020


                     R.Pradhap                                                ..Petitioner


                                                           .Vs.



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

                     2.The Inspector of Police,
                       Villupuram Taluk Police Station,
                       Villupuram.

                     3.Sundaram                                           ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, to direct 1st and 2nd respondents to
                     grant police protection for the purpose of ploughing the lands for
                     raising seasonal crops in Dry.S.No.34/1B-0.71.00 hectares (1 acre
                     77 cents) situate at Sithathur Thirukkai Village, Villupuram Taluk
                     and for peaceful enjoyment of the same.
https://www.mhc.tn.gov.in/judis/
                                                          2              Crl.OP No. 19097 of 2020



                                     For Petitioner     : Mr.N.Suresh

                                      For Respondents : Mr.M.Mohamed Riyaz
                                                        Additional Public Prosecutor
                                                        for R 1 & R 2

                                                          Mr.C.Prabakaran
                                                          for R 3



                                                      ORDER

This Criminal Original Petition has been filed seeking

for police protection to the petitioner to enable the petitioner to

do agricultural activities in the subject property without the

interference of the 3rd respondent.

2.It is seen from records that a suit was filed against the

3rd respondent in O.S.No.173 of 2009, for the relief of declaration

of title and permanent injunction before the Additional District

Munsif Court, Villupuram and the suit was decreed in favour of

the petitioner and his mother by a judgment and decree dated

14.08.2015. It is also seen that the petitioner moved an

Execution Petition in E.P.No.129 of 2016, seeking for grant of

Police Protection since the 3rd respondent was interfering with the https://www.mhc.tn.gov.in/judis/

possession and enjoyment of the petitioner's property. The

Execution Court by an order dated 16.10.2020, allowed the

petition and directed the Police to grant protection to the

petitioner, if the 3rd respondent interferes with his possession.

3.The grievance of the petitioner is that inspite of the

orders passed in the Execution Petition, the 3rd respondent is

preventing the petitioner from doing the agricultural work in the

property and is causing threat and therefore, the petitioner gave a

complaint to the respondent Police on 13.11.2020. Inspite of the

same since no action was taken, the present petition has been

filed before this Court.

4.Mr.C.Prabakaran, learned counsel appearing on behalf

of the 3rd respondent submitted that the 3rd respondent has filed

an appeal against the judgment and decree passed in O.S.No.173

of 2009, with delay. The learned counsel further submitted that

an Execution Application has also been filed before the E.P. Court,

seeking for recalling the order passed on 16.10.2020 and the

same is pending.

https://www.mhc.tn.gov.in/judis/

5.In the considered view of this Court, the decree of the

Civil Court is in favour of the petitioner and the Execution Court

has already directed the Police to give protection to the petitioner,

if his possession and enjoyment is interfered by the 3rd

respondent. Till this decree is reversed or stayed by a Competent

Appellate Court, the 3rd respondent cannot act in such a manner

violating the decree passed by a Competent Civil Court. The 3rd

respondent has to necessarily workout his remedy only in

accordance with law and he cannot cause threat to the petitioner

who is said to be in possession and enjoyment of the property. A

finding to that effect has been given by the Competent Civil Court

and mere pendency of any application, cannot be a ground for the

3rd respondent to take law into his own hands.

6.In view of the above, there shall be a direction to the

2nd respondent to call the parties for an enquiry and specifically

instruct the 3rd respondent not to cause any threat or interfere

with the property and to workout his remedy in accordance with

law. If inspite of the same, any threat is exerted by the 3rd

respondent, action shall be taken strictly in accordance with law. https://www.mhc.tn.gov.in/judis/

If the situation so warrants , Police Protection shall be given as

directed by the Execution Court.

7.This criminal original petition is disposed of

accordingly.

22.01.2021

Index : Yes/No Internet: Yes/No KP

To

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

2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis/

N.ANAND VENKATESH.J.,

KP

CRL.O.P.No.19097 of 2020

22.01.2021

https://www.mhc.tn.gov.in/judis/