Madras High Court
S.Arul Gnana Sekar vs The Superintendent Of Police on 20 September, 2022
CRL.O.P(MD)No.16044 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.09.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P(MD)No.16044 of 2022
S.Arul Gnana Sekar ... Petitioner
Vs.
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Inspector of Police,
Nagamalai Pudukottai Police Station,
Nagamalai Pudukottai,
Madurai District.
3.R.Selvi
4.R.Kasi
5.D.Kannan ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to issue a direction to the respondent police authorities to provide
adequate police protection to the petitioner and his representatives during
the survey and fencing of his property in Survey Number 118/12 measuring
65 cents in Keelakuyilkudi Village, Madurai South Taluk, Madurai District
pursuant to the Judgment and Decree, dated 01.08.2017 passed by the
1/5
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CRL.O.P(MD)No.16044 of 2022
Principal District Munsif Court in O.S.No.477 of 2008 in favour of the
petitioner.
For Petitioner : Mr.N.Dilip Kumar
For R1 - R2 : Mr.R.Sivakumar
Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to issue a direction to
the Respondent Police Authorities to provide adequate police protection to
the Petitioner and his representatives during the survey and fencing of his
property in Survey No.118/12 measuring 65 cents in Keelakuyilkudi
Village, Madurai South Taluk, Madurai District pursuant to the Judgment
and Decree, dated 01.08.2017 passed by the Principal District Munsif Court
in O.S.No.477 of 2008 in favour of the Petitioner.
2.It is the contention of the learned Counsel for the Petitioner that
after purchasing the property, the Petitioner has filed a suit in O.S.No.477 of
2008 based on the documents, that were handed over to him by the seller
based on the Revenue Records. After contested, the suit was decreed.
Based on which, fixatious transactions were cancelled by the Court in
continuance of the decree passed in O.S.No.477 of 2008. The learned
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CRL.O.P(MD)No.16044 of 2022
District Munsif, Thirumangalam, has addressed the Registrar concerned, to
cancel the deed based on the decree in O.S.No.477 of 2008. After grant of
decree, the Respondents 3 to 5, who have no claim over the property, had
objected to the Petitioner for proceeding with fencing of his land and
development of his land. The Judgment and Decree of the learned District
Munsif, Thirumangalam had attained finality. Based on the interference by
the Respondents 3 to 5, the Petitioner had approached the second
Respondent and lodged a complaint. Based on which, F.I.R. was registered
in Crime No.198 of 2022 for the offences punishable under Sections 294(b),
324 and 506(ii) of IPC. Therefore, the Petitioner seeks police protection.
The learned Counsel for the Petitioner placed reliance on the order passed
by this Court in Crl.O.P(MD)No.17733 of 2019 and relied upon the Ruling
of this Court reported in 2015 (3) CTC 807 in the case of S.Ashokan and
Others Vs. State rep. by the Commissioner of Police and others.
3.By way of reply, the learned Government Advocate (Crl.side)
submits that after registering the case, the second respondent had proceeded
with the case and laid final report before the learned Judicial Magistrate
No.6, Madurai.
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CRL.O.P(MD)No.16044 of 2022
4.In the light of the submission made by the learned Counsel for the
Petitioner and the learned Government Advocate (Crl.side), the first and
second Respondents are directed to extend police protection to the
Petitioner to proceed with putting up the fence and further development of
the property and also to restrain the persons having no right over the
property from interfering with the peaceful possession and enjoyment of the
said property.
5.With the above direction, this Criminal Original Petition is disposed
of.
20.09.2022
Index:Yes/No
vsd
To
1.The Superintendent of Police,
Madurai District,
Madurai.
2.The Inspector of Police,
Nagamalai Pudukottai Police Station,
Nagamalai Pudukottai,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL.O.P(MD)No.16044 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
vsd
CRL.O.P(MD)No.16044 of 2022
20.09.2022
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