Citation : 2021 Latest Caselaw 20353 Mad
Judgement Date : 4 October, 2021
Crl.O.P.(MD)No.14996 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.14996 of 2021
Singaram @ Singaravel ... Petitioner
Vs.
1.The Superintendent of Police,
Pudukkottai District,
Pudukkottai.
2.The Inspector of Police,
Vallathirakottai Police Station,
Pudukkottai District.
3.Muthuramalingam ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the respondents 1 and 2, to provide adequate
protection for the petitioner and for his family as against the third
respondent while carry out construction process in the properties bearing
S.No.14/64 to an extent of 46 Cents in Kanniyappatti Village, Alangudi
Taluk, Pudukkottai District.
For Petitioner : Mr.A.Mohan
For Respondents : Mr.RMS.Sethuraman
Additional Public Prosecutor
ORDER
This petition is filed seeking direction to the second respondent
to provide police protection on the basis of the representation dated
11.09.2021.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14996 of 2021
2.The case of the petitioner is that the petitioner inherited the
property in S.No. 14/64, Kanniyapatti Village, Alangudi Taluk, Pudukottai
on 10.12.2010 from one Chellammal, who is the sister of Muthammal.
Chellammal and Muthammal are sisters. The third respondent herein has
filed suit in O.S.No.173 of 2014, seeking permanent injunction and exparte
decree was passed on 23.02.2015. Subsequently, the same was restored and
transferred to the District Munsif cum Judicial Magistrate, Alangudi as
O.S.No.450 of 2018 and after full trial, that came to be dismissed. Even in
the judgment, it is stated that the third respondent has no right over the
property. When the petitioner attempted to put up construction, the third
respondent is troubling the petitioner. Hence, he made representation.
3.The learned Additional Public Prosecutor would submit that
it is civil dispute between the parties. The representation sent by the
petitioner is kept pending. Summons will have to be issued to the parties.
4.Since the issue involved in this case is civil dispute, there
shall be a direction to the second respondent to issue summons to the
petitioner as well as the third respondent and conduct enquiry and
depending upon the outcome of the enquiry, further steps may be taken. https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14996 of 2021
Such exercise shall be completed within a period of one month from the
date of receipt of a copy of this order.
5.With the above said direction, this Criminal Original Petition
is disposed of.
04.10.2021
Index : Yes/No Internet:Yes/No vrn 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 Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Vallathirakottai 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.14996 of 2021
G.ILANGOVAN, J.,
vrn
Crl.O.P.(MD)No.14996 of 2021
04.10.2021
https://www.mhc.tn.gov.in/judis/
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