Madras High Court
Anumandala Praveen vs The State Represented By on 9 June, 2022
Crl.OP.No.19628 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.19628 of 2021
1. Anumandala Praveen
2. I.D.Abraham
3. S.Barani ... Petitioners
Vs.
1. The State Represented by
The Inspector of Police,
Viruthampetu Police Station,
Gandhi Nagar, Vellore-632 007.
2. B.Mohammed Anwar ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent to give police
protection to the petitioners at the time of measurement of their property
comprised in Survey No.194/2 and 178/1 Senur Village, Katpadi Taluk,
Vellore District by the Government Surveyor in pursuant to a letter dated
16.09.2021 submitted by the petitioners to the respondent.
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Crl.OP.No.19628 of 2021
For Petitioner : Mr.T.P.Prabakaran
For Respondents :
For R1 : Mr.L.Baskaran,
Government Advocate (Crl.Side)
For R2 : Mr.Balan Haridas
ORDER
This petition has been filed by the petitioner seeking a direction to
the respondent police protection to give police protection to the
petitioners at the time of measurement of their property comprised in
Survey No.194/2 and 178/1 Senur Village, Katpadi Taluk, Vellore
District by the Government Surveyor in pursuant to a letter dated
16.09.2021 submitted by the petitioners to the respondent .
2. The case of the petition is that the first petitioner has purchased
the property premises comprised in Survey No.194/2 situated at Senur
Village measuring to an extent of 2.14 acres and another in Survey
No.178/1 at Senur Village measuring an extent of 0.35 acres by
registered Document No.3935 of 1996. Thereafter, she executed the
power of attorney on 29.09.2019 in favour of the second respondent
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Crl.OP.No.19628 of 2021
herein on the strength of the power of attorney, the second respondent
has sold out the said property to various persons in the year 2000 itself.
After the period of five years,, the petitioner has filed a suit in O.S.No.70
of 2015 on the file of the District Munsif Court, Katpadi for declaration
declaring the power of attorney executed by her dated 20.09.2019 as null
and void and also for permanent injunction in respect of the subject
property. The said suit was dismissed by the trial court. Aggrieved by the
same, the first petitioner preferred an appeal suit in AS.No.14 of 2019 on
the file of the Sub Court Vellore. The said appeal suit was allowed and
the suit filed by the first petitioner was decreed in her favour. Now, the
petitioner has intended to fence the property and seeking police
protection on the hands of the second respondent herein.
3. The learned counsel for the second respondent has submitted
that on the strength of the power of attorney, the first petitioner dated
20.09.1999 he executed various sale deeds in favour of various persons
in the year 2000. Now, the purchasers are in possession and enjoyment of
their respective property. Therefore, the petitioner is not in possession
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Crl.OP.No.19628 of 2021
and enjoyment of the property and police protection cannot be provided
to fence the subject property. That apart, the petitioner has filed a petition
to set aside the judgment and decree passed in appeal suit in AS.No.14 of
2019 in I.A.No.1 of 2019 on the file of the Additional Sub Court, Vellore
and it is pending. When the petitioner are in possession of the subject
property they cannot give police protection and police protection cannot
be provided to the petitioner to fence the subject property. That apart, it
was in possession and it was in possession of third parties on various sale
deeds. Therefore, it is devoid of merits and liable to be dismissed.
4. Accordingly, this Criminal Original Petition is dismissed.
09.06.2022
Internet: Yes
Index: Yes/No
Speaking/Non-speaking order
Vv
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Crl.OP.No.19628 of 2021
G.K.ILANTHIRAIYAN, J.
Vv
To
1. The Inspector of Police,
Viruthampetu Police Station,
Gandhi Nagar, Vellore-632 007.
2. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.19628 of 2021
09.06.2022
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