Madras High Court
Suppuram vs The State Represented By on 11 January, 2022
Crl.O.P.(MD)No.17408 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.17408 of 2021
and
Cr.M.P.(MD)No.9455 of 2021
Suppuram ... Petitioner
Vs.
1.The State represented by
The Superintendant of Police,
Tenkasi District.
2.The Inspector of Police,
K.V.Nallur Police Station,
Tenkasi District.
3.Ramasuppu
4.Sankarappan ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct
the second respondent to award adequate police protection so as to enable the
petitioner to be in peaceful possession in Survey No.1730/1, 1730/4, 1742,
2268/1, 22, 52, 1776 of Kalingapatti Village, Sankarankovil Taluk, Tirunelveli
District, on the strength of the judgment and decree in O.S.No.341 of 2013
passed by the learned Additional District Munsif, Sankarankovil, Tirunelveli
District, dated 05.11.2015 based on his representation, dated 16.09.2021.
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1/5
Crl.O.P.(MD)No.17408 of 2021
For Petitioner : Mr.R.L.Dhilipan Pandian
For Respondents : Mr.B.Thanga Aravind
Government Advocate (Crl.Side) for R.1 & R.2
Mr.K.K.samy for R.3 & R.4
ORDER
Heard the learned counsel appearing for the petitioner, the learned
Government Advocate (Criminal Side) appearing for the respondents 1 and 2
and the learned counsel appearing for the respondents 3 and 4.
2. The petitioner seeks grant of police protection in respect of the
petition mentioned properties. The petitioner is enjoying decree in his
favour. He filed O.S.No.341 of 2013 on the file of Additional District
Munsif Court, Sankarankovil, Tirunelveli District, against the private
respondents herein and it was decreed on 05.11.2015. By the said decree,
the private respondents herein have been restrained from interfering with
the petitioner’s possession and enjoyment of the suit properties.
3. The learned counsel appearing for the private respondents would
point out that this decree has been put to challenge in A.S.No.6 of 2016
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17408 of 2021
before the Sub Court, Sankarankovil, Tirunelveli District and they are still
pending. He would also state that another partition suit has also been filed
against the petitioner herein.
4. Be that as it may, as on date, there is an enforceable decree in
favour of the petitioner herein. Even though the private respondents have
filed the first appeal wayback in the year 2016, till date they have not
obtained any interim order. Therefore, the second respondent is directed to
give police protection in favour of the petitioner herein, so that, he can
enjoy the fruits of the judgment and decree made in O.S.No.314 of 2013
on the file of Additional District Munsif Court, Sankarankovil. But, the
police protection will be available only for the purpose of harvest and not
for any other purpose.
5. However, this order cannot be enjoyed for eternity by the
petitioner. The first appellate Court, Sankarankovil, is directed to dispose
of A.S.No.6 of 2016 on merits and in accordance with law within a period
of three months from date of receipt of copy of this order. The respective
rights of the parties will abide by the outcome of the said first appeal. This
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17408 of 2021
Criminal Original Petition is allowed with the aforesaid direction.
Consequently, connected miscellaneous petition is closed.
11.01.2022
Index : Yes / No
Internet : Yes/ No
mga
Note:1. Registry is directed to mark a copy of of this
order to Sub Court, Sankarankovil.
2. 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 Additional District Munsif,
Sankarankovil,
Tirunelveli District.
2.The Superintendant of Police,
Tenkasi District.
3.The Inspector of Police,
K.V.Nallur Police Station,
Tenkasi District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.17408 of 2021
G.R.SWAMINATHAN, J.
mga
Crl.O.P.(MD)No.17408 of 2021
and
Cr.M.P.(MD)No.9455 of 2021
11.01.2022
https://www.mhc.tn.gov.in/judis
