Madras High Court
G.Selvarani vs The District Superintendent Of ... on 27 June, 2022
Crl.O.P.No.8389 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P.No.8389 of 2022
G.Selvarani ... Petitioner
Vs
1.The District Superintendent of Police,
Vellore District,
Vellore 632 009.
2.The Deputy Superintendent of Police,
Vinayagapuram,
Sethukkarai Post,
Gudiyattam Taluk,
Vellore District 632 602.
3.The Inspector of Police,
K.V.Kuppam Police Station,
K.V.Kuppam and Taluk,
Vellore District.
4.The Sub Inspector of Police,
Paradarami Police Station,
Paradarami Village and Post,
Gudiyattam Taluk,
Vellore District 632 602.
5.S.Nagarajan
6.A.Palani Chetty
7.K.Kesavan @ Kesava Chetty ... Respondents
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Crl.O.P.No.8389 of 2022
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct
the respondents 1 to 4 herein to give police protection to the petitioner by preventing
the respondents 5 to 7 from anyway disturbing the construction of compound wall
around the petitioner's property comprised in S.No.261/1, New S.No.705/11A, Patta
No.59, Paradarami Main Road, Paradarami Village, Gudiyattam Taluk.
For Petitioner : Mr.K.A.Ravindran
For Respondents : Mr.A.Gokulakrishnan R1 to R4,
Additional Public Prosecutor
Mr.G.Vinodhkumar for R5 toR7
ORDER
This Criminal Original Petition has been filed seeking direction to the
respondents 1 to 4 to give police protection to the petitioner by preventing the
respondents 5 to 7 from anyway disturbing the construction of compound wall around
the petitioner's property comprised in S.No.261/1, New S.No.705/11A, Patta No.59,
Paradarami Main Road, Paradarami Village, Gudiyattam Taluk.
2. The learned counsel for the petitioner would submit that the petitioner has
already obtained decree and judgment in OS.No.141 of 2020 in respect of the Survey
No.261/1 and present Survey No.705/11A. However, it is the contention of the
petitioner that the private respondents herein have no rights in the property and they
are repeatedly interfering with the possession of the property.
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Crl.O.P.No.8389 of 2022
3. Learned counsel for the private respondents would submit that the suit for
injunction has been filed by the petitioner against her own brother in a collusive
manner and obtained ex parte order without making the respondent as a party to the
suit. However, the sixth respondent has already filed the suit in O.S.No.205 of 2021,
to set aside the decree and judgment obtained in OS.No.141 of 2020, on the file of the
District Munsiff, Gudiyattam. Therefore, he opposes this application.
4. Heard the learned counsel for the petitioner and the learned counsels for the
respondents.
5. It appears that the ex parte decree is in favour of the petitioner against his
own brother. The above decree is also put to challenge by the sixth respondent in
O.S.No.205 of 2021 before the District Munsif, Gudiyattam.
6. At the outset, this Court is of the view, such a protection cannot be granted
particularly, when there is rivalry claim by the other side. Even the allegations are yet
to be proved there cannot be any blanket order. In this aspect, the Hon'ble Apex Court
in the case of ''PR.Muralidharan and others Vs.Swami Dharmananda Theertha
Padar'' reported in 2006 4 SCC 501 as held as follows:
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Crl.O.P.No.8389 of 2022
''...19.A Writ for ''Police Protection“ so-called, has only a
limited scope, as when the Court is approached for protection of
rights declared by a decree or by an order passed by a civil Court.
It cannot be extended to cases where rights have not been
determined either finally by the civil Court or, at least at an
interlocutory stage in an unambigous manner, and then too in
furtherance of the decree or order.''
7. In view of the above, this Criminal Original Petition is dismissed.
27.06.2022
Index : Yes / No
Internet: Yes
Speaking/non speaking order
shk/ham
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Crl.O.P.No.8389 of 2022
To
1.The District Superintendent of Police,
Vellore District,
Vellore 632 009.
2.The Deputy Superintendent of Police,
Vinayagapuram,
Sethukkarai Post,
Gudiyattam Taluk,
Vellore District 632 602.
3.The Inspector of Police,
K.V.Kuppam Police Station,
K.V.Kuppam and Taluk,
Vellore District.
4.The Sub Inspector of Police,
Paradarami Police Station,
Paradarami Village and Post,
Gudiyattam Taluk,
Vellore District 632 602.
5. The Public Prosecutor,
High Court, Madras.
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Crl.O.P.No.8389 of 2022
N.SATHISH KUMAR,J
shk/ham
Crl.O.P.No.8389 of 2022
27.06.2022
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