Fathima Mary vs The Superintendent Of Police
2021 Latest Caselaw 22764 Mad

                                                                           Crl.O.P.(MD)No.10491 of 2021



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 19.11.2021

                                                      CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P.(MD)No.10491 of 2021

                     Fathima Mary                                                 ... Petitioner

                                                            vs.
                     1.The Superintendent of Police,
                       Pudukkottai District, Pudukkottai.

                     2.The Inspector of Police,
                       Viralimalai Police Station,
                       Pudukkottai District.

                     3.Selvaraj

                     4.Savarimuthu                                                ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
                     issue direction directing the second respondent police to provide police
                     protection to life and limb of the petitioner from the respondents 3 and 4.

                                  For Petitioner     : Mr.R.Murugappan

                                  For Respondents : Mr.M.Veeranthiran
                                                    Government Advocate for R1 & R2

                                                      Mr.G.Sridharan for R3 & R4




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                                                                                Crl.O.P.(MD)No.10491 of 2021



                                                           ORDER

The petitioner filed the present Criminal Original Petition seeking

the relief of police protection.

2.Notice was ordered. The learned counsel for the private

respondents pointed out that the suit property belonged to the petitioner's

father Sepasthiyar @ Sevithiya. The petitioner's father as well as her

brothers has sold the property in favour of one Lakshmiammal. From

her, the private respondents have purchased the property on 22.09.2020

and patta was also transferred in their favour. The petitioner has filed a

civil suit in O.S.No.584 of 2020 on the file of the Additional Sub Court,

Pudukottai seeking partition against her brothers and sisters. The private

respondents have also been shown as defendants in the said suit. As on

date, the petitioner has no enforceable decree or judgment obtained from

the jurisdictional civil court. The petitioner has to move the jurisdictional

civil court for the relief sought for. Leaving open the petitioner's rights,

the Criminal Original Petition is dismissed.

19.11.2021

csm/mga

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.

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

Crl.O.P.(MD)No.10491 of 2021

To

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

2.The Inspector of Police, Viralimalai Police Station, Pudukkottai District.

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

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

Crl.O.P.(MD)No.10491 of 2021

G.R.SWAMINATHAN, J.

csm/mga

Crl.O.P.(MD)No.10491 of 2021

19.11.2021

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