M.Radhakrishnan vs The Inspector Of Police
2021 Latest Caselaw 456 Mad

                                                                                        Crl.O.P.No.22 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED 06.01.2021

                                                           CORAM

                            THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH

                                                     Crl.O.P.No.22 of 2021

                M.Radhakrishnan                                                                .. Petitioner
                                                            Vs.
                State rep. by
                1. The Inspector of Police,
                   Mecheri Police Station.

                2. Lakshmanan                                                                 .. Respondent

                Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                Procedure Code, to direct the 1st respondent to give police protection to prevent
                the encroachment in respect of the petitioner's property situate in S.No.298/1,
                Aranganur Village, Mettur Taluk, measuring 0.81.50 hectare.

                                    For Petitioner    : Mr.B.Ravi

                                    For Respondent    : Mr.M.Mohamed Riyaz
                                                        Additional Public Prosecutor for R1

                                                        ORDER

This petition has been filed seeking for a direction to the respondent police

to act upon the complaint given by the petitioner on 21.10.2010 wherein the

petitioner is seeking for police protection for his property.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22 of 2021

2.The case of the petitioner is that the subject property was originally

purchased by his father by virtue of registered sale deed dated 25.10.1978. When

an attempt was made to interfere with the possession and enjoyment of the

property, the petitioner and his father filed a suit in O.S.No.203 of 2000 before the

District Munsif Court, Mettur against the 2nd respondent and others claiming for

the relief of permanent injunction. The suit was decreed by judgment and decree

dated 09.07.2004. Subsequently, the revenue records were also transferred in the

name of the petitioner in Patta No.501.

3.The grievance of the petitioner is that the 2nd respondent without any right

over the subject property, is attempting to enter upon the property and cause

damage to the property by running JCB machine. The petitioner gave a complaint

to the respondent police in this regard on 21.10.2010 seeking for police protection.

Since no action was taken by the respondent police, the present writ petition has

been filed before this Court seeking for appropriate directions.

4.Heard learned Counsel for the petitioner and learned Additional Public

Prosecutor for the 1st respondent.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22 of 2021

5.Taking into consideration the facts and circumstances of the case, there

shall be a direction to the 1st respondent to act upon the complaint made by the

petitioner on 21.10.2010 and call the parties for enquiry. The 1 st respondent shall

specifically instruct the 2nd respondent not to cause any threat to the petitioner and

his property and if at all he has any right over the property, to work out the same in

the manner known to law. If in spite of such instructions being given, the 2 nd

respondent indulges in any illegal activities, action shall be taken by the

respondent police strictly in accordance with law. The petitioner is directed to

make a fresh representation to the 1st respondent along with the copy of this order.

6.This criminal original petition is disposed of with the above directions.

06.01.2021 Index :Yes/No Internet:Yes/No Speaking/Non speaking order ssr

To

1. The Inspector of Police, Mecheri Police Station.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.22 of 2021

N. ANAND VENKATESH,J

ssr

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22 of 2021

06.01.2021

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