A.Rahmathullah vs The State Rep.By
2021 Latest Caselaw 11535 Mad

                                                                          Crl.O.P.(MD)No.7589 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 10.06.2021

                                                      CORAM

                           THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                            Crl.O.P.(MD)No.7589 of 2021

                     A.Rahmathullah                                          ... Petitioner

                                                        Vs.

                     1.The State Rep.by,
                       The Inspector of Police,
                       Kallal Police Station,
                       Sivagangai District.

                     2.Sheik Abdulla

                     3.Subitha

                     4.Abdul Rahman                                          ... Respondents

                     Prayer : Criminal Original Petition filed under Section 482 Cr.P.C.,
                     to direct the respondents herein to grant adequate protection to
                     the petitioner and his family members, life, liberty and for lands in
                     S.No.72/2, with sub division No.72/2 E situated in Vetriyur Village
                     & Group, Karaikudi Taluk, Sivagangai District, within the time
                     stipulated by this Court.


                                   For Petitioners   : Mr.Kannan.AL.

                                   For R1            : Mr.R.M.Anbunithi,
                                                       Additional Public Prosecutor.




                     1/5

https://www.mhc.tn.gov.in/judis/
                                                                         Crl.O.P.(MD)No.7589 of 2021


                                                      ORDER

This criminal original petition has been filed to direct the

respondents herein to grant adequate protection to the petitioner

and his family members, life, liberty and for lands in S.No.72/2,

with sub division No.72/2 E situated in Vetriyur Village & Group,

Karaikudi Taluk, Sivagangai District, within the time stipulated by

this Court.

2.The case of the petitioner is that he purchased property in

survey No.72/2, sub division No.72/2 E situated in Vetriyur Village

& Group, Karaikudi Taluk, Sivagangai District from one Mohammed

Sheriff on 25.10.2010. The son of the said Mohammed Sheriff, one

Mohammed Abdullah, filed a suit in O.S.No.20 of 2011 on the file of

the learned Subordinate Judge, Devakottai against the said

Mohammed Sheriff and others seeking partition. The said suit was

decreed on 05.11.2012. Aggrieved over the same, the petitioner

filed First Appeal on the file of the learned District Judge,

Sivagangai and the same was allowed on 07.04.2014. As on date,

the revenue records, electricity connection and property tax

receipts stand in the name of the petitioner and he is in possession

and enjoyment of the property. The respondents 2 to 4 are

https://www.mhc.tn.gov.in/judis/ Crl.O.P.(MD)No.7589 of 2021

unnecessarily disturbing his possession and enjoyment. Therefore,

he gave a representation dated 20.04.2021 to the first respondent

requesting him to provide adequate police protection since he is

the absolute owner of the said property.

3.The learned counsel appearing for the petitioner submitted

that the petitioner is the owner of the above said property by virtue

of the registered sale deed dated 25.10.2010 and he got judgment

and decree in his favour in A.S.No.5 of 2013. The revenue records,

electricity connection and property tax receipts stand in the name

of the petitioner and he is in possession and enjoyment of the

property. However, the respondents 2 to 4 are attempting to

interfere in his possession and enjoyment of the property. In this

regard, the fourth respondent filed a suit claiming right in the

property and the same was rejected by the Court below. Therefore,

the petitioner seeks protection to the petitioner and his family

members, life, liberty and for lands.

4.Having considered the submission made by the petitioner

and also the fact that the petitioner has sent a representation dated

20.04.2021 to the first respondent alleging among other things, the

threat alleged to have been made to the petitioner by the

https://www.mhc.tn.gov.in/judis/ Crl.O.P.(MD)No.7589 of 2021

respondents 2 to 4, the first respondent is directed to take

appropriate action on the basis of this complaint dated 20.04.2021

and if necessary, he may provide police protection to the petitioner.

Accordingly, this criminal original petition is ordered.

10.06.2021

Index :yes/No Internet:yes/No gns

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1.The Inspector of Police, Kallal Police Station, Sivagangai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.(MD)No.7589 of 2021

G.CHANDRASEKHARAN, J.

gns

Crl.O.P.(MD)No.7589 of 2021

10.06.2021

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