Madras High Court
Antony Muthu Nadar vs The Superintendent Of Police on 5 October, 2021
Crl.O.P.(MD)No15092 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.15092 of 2021
Antony Muthu Nadar ... Petitioner
Vs.
1.The Superintendent of Police,
Tirunelveli District, Tirunelveli.
2.The Inspector of Police,
Panagudi Police Station,
Rathapuram taluk,
Tirunelveli District.
3.Thirumani Ammal ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to direct the 2nd respondent not to harass the petitioner by
preventing him from entering in his land admeasuring Acre 1 Cents 45 in
Old Survey Number 1326 and resurvey Number 1326/1 at
Levinchipuram Village, Radhapuram Taluk, Tirunelveli District in
violation of decree made in O.S.No.346 fo 2005 dated 18.06.2010 on the
file of Additional District Munsif Court, Valliyoor, Tirunelveli District.
For Petitioner : Mr.S.R.Anbarasu
For Respondents : Mr.R.M.S.Sethuraman
Additional Public Prosecutor
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1/5
Crl.O.P.(MD)No15092 of 2021
ORDER
This petition has been filed seeking a direction to the the 2nd
respondent not to harass the petitioner by preventing him from entering
in his land admeasuring Acre 1 Cents 45 in Old Survey Number 1326 and
resurvey Number 1326/1 at Levinchipuram Village, Radhapuram Taluk,
Tirunelveli District in violation of decree made in O.S.No.346 fo 2005
dated 18.06.2010 on the file of Additional District Munsif Court,
Valliyoor, Tirunelveli District.
2.The case of the petitioner is that the petitioner's wife by name
Savari Ammal, has filed a suit in O.S.No.346 of 2005, before the
Additional District Munsif Court, Valliyoor, for permanent injunction
against one Vincent and a decree was also passed in favour of the
petitioner's wife on 18.06.2010. Challenging the above said decree,
Vincent, who is the defendant in the above said suit has filed an appeal in
A.S.No.128 of 2011, before the Sub Court, Valliyoor, that was also
dismissed on 09.08.2016. After the demise of his wife, the petitioner
continued to be in possession of the property. Now without any basis, the
third respondent, who is the wife of the above said Vincent has gave a
complaint alleging that the property is belongs to her husband and the
petitioner is trying to tress pass into the property. Based on the abvoe
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Crl.O.P.(MD)No15092 of 2021
said complaint harassment is made by the second respondent.
3.The learned Additional Public Prosecutor submitted that based
upon the complaint given by the third respondent enquiry has been
undertaken in CSR No.553 of 2021 and during the course of enquiry, it
was found that against the judgment and decree passed in A.S.No.128 of
2011, the third respondent has filed C.M.P.(MD).No.7397 of 2005 before
this Court and it is stated to have pending. At that time, both parties were
given undertaking to the effect that till the dispute is resolved by this
Court, they will not make any trouble with each other. Recording the
undertaking, the complaint has been closed.
4.Since the complaint has been closed based on the undertaking
given by both parties continuation of harassment may not exists.
Recording the submission of the learned Additional Public Prosecutor
and placing on record the undertaking given by both parties, this criminal
original petition is dismissed as infructuous.
05.10.2021
Index : Yes/No
Internet : Yes/No
TM
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No15092 of 2021
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,
Tirunelveli District, Tirunelveli.
2.The Inspector of Police,
Panagudi Police Station,
Rathapuram taluk,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No15092 of 2021
G.ILANGOVAN. J.
TM
Crl.O.P.(MD)No.15092 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
