K.Munusamy vs The Commissioner Of Police
2023 Latest Caselaw 7978 Mad

                                                                 Criminal Original Petition No.15306 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.07.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                      Criminal Original Petition No.15306 of 2023

                     K.Munusamy
                     S/o.Karisan                                                  ...Petitioner
                                                          Vs

                     1.The Commissioner of Police,
                       Avadi Commissionerate,
                       Avadi, Chennai – 600 054.

                     2.The Inspector of Police,
                       T-3 Police Station,
                       Korattur, Chennai – 600 080.

                     3.Thiru.E.Varadhan,
                       S/o.Late.Ettiyan.

                     4.Tmt.V.Thilagavathy,
                       W/o.E.Varadhan.

                     5.Thiru.S.Annamalai                                          ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to provide adequate police protection
                     to the petitioner's life, property for fencing the property situated at Plot
                     No.26, Vanasakthi Nagar Extension, Korattur Village, Ambattur Taluk,
                     Chennai District in Survey No.21/3, Vanasakthi Nagar Extension, Korattur
                     1/4
https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.15306 of 2023

                     Village, Ambattur Taluk, Chennai District to an extent of 1813 sq.ft. of
                     vacant land based on the Judgment and Decree in O.S.No.443/2013 dated
                     23.03.2023 passed by the learned District Munsif at Ambattur.
                                        For Petitioner     : Mr.B.Gopalakrishnan
                                        For Respondents : Mr.A.Damodaran,
                                                          Additional Public Prosecutor [R1 & R2]
                                                           *****

                                                             ORDER

This petition has been filed seeking for police protection based on the

civil Court decree passed in favour of the petitioner in O.S.No.443 of 2013,

dated 23.03.2023 by the learned District Munsif, Ambattur.

2. Heard Mr.B.Gopalakrishnan, learned counsel for petitioner and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing for

respondents 1 and 2.

3. In the considered view of this Court, there is a decree passed by a

competent civil Court in favour of the petitioner in O.S.No.443 of 2013,

dated 23.03.2023. By virtue of this decree, permanent injunction has been

passed in favour of the petitioner restraining the private respondents from

interfering with the possession and enjoyment of the property. In view of

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15306 of 2023

the same, if at all the private respondents are aggrieved by the judgment and

decree, they have to necessarily work out their remedy before the competent

civil Court by filing an appeal and they cannot be allowed to disregard the

decree of permanent injunction passed in favour of the petitioner.

4. The respondent police shall call the parties and inform that the

parties will have to work out their remedy only before the competent civil

Court and that the private respondents cannot take law into their hands. In

spite of such warning, if the private respondents indulge in law and order

problem, action shall be taken against them in accordance with law.

This Criminal Original Petition is disposed of with the above

direction.

10.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.15306 of 2023

N.ANAND VENKATESH, J

gm

To

1.The Commissioner of Police, Avadi Commissionerate, Avadi, Chennai – 600 054.

2.The Inspector of Police, T-3 Police Station, Korattur, Chennai – 600 080.

3.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.15306 of 2023

10.07.2023

https://www.mhc.tn.gov.in/judis