Madras High Court
Nethaji @ Vijayakumar vs The Superintendent Of Police on 17 May, 2023
Crl.O.P.(MD) No.8846 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.05.2023
CORAM:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.(MD) No.8846 of 2023
Nethaji @ Vijayakumar ...Petitioner
Vs.
1.The Superintendent Of Police,
Thanjavur District, Thanjavur.
2.The Inspector of Police,
Kumbakonam East Police Station,
Thanjavur District.
3.Thiyagarajan
4.Amsavalli ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to direct the respondents 1 and 2 to provide necessary police
protection for the petitioner's personal safety to take possession over the
share of property in Ward No.7, Block No.30, Survey No.1416/2,
Kumbakonam Taluk,Thanjavur District allotted to the petitioner,
pursuant to the judgment and decree I.A.No.512 of 1987 in the re-
numbered O.S.No.309 of 1987 on the file of the Principal District Munsif
1/6
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Crl.O.P.(MD) No.8846 of 2023
Court, Kumbakonam in light of the petitioner's petition No.G319388
dated 18.04.2023 on the file of the Superintendent of Police, Thanjavur
and the complaint in CSR No.356/2022 dated 21.06.2022 on the file of
the Inspector of Police, Kumbakonam East Police Station, Thanjavur
District.
For Petitioner : Mr.N.Dilip Kumar
For Respondents : Mr.R.Sivakumar (R1 & R2)
Government Advocate
ORDER
This petition has been filed seeking for a direction to the
respondents 1 and 2 to provide necessary police protection for the
petitioner's personal safety to take possession over the share of the
property in Ward No.7, Block No.30, Survey No.1416/2, Kumbakonam
Taluk, Thanjavur District allotted to the petitioner, pursuant to the
judgment and decree passed in I.A.No.512 of 1987 in the re-numbered
O.S.No.309 of 1987 on the file of the Principal District Munsif Court,
Kumbakonam, in light of the petitioner's petition No.G319388 dated
18.04.2023 on the file of the Superintendent of Police, Thanjavur and the
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Crl.O.P.(MD) No.8846 of 2023
complaint in CSR No.356/2022 dated 21.06.2022 on the file of the
Inspector of Police, Kumbakonam East Police Station, Thanjavur
District.
2. The learned counsel appearing for the petitioner submits that as
per the final decree proceedings, first item of the A schedule property
was allotted to the share of the petitioners therein, who are the decree
holders including the petitioner herein and based on the civil Court's
decree, delivery was recorded on behalf of the petitioner in E.P.No.62 of
2019. After taking possession through Court of law, the respondents 3
and 4, who are the distant relatives are causing hindrance to the
petitioner in enjoyment of the property. The petitioner has already given
a complaint, which was taken on file in CSR No.356 of 2022. Even
though the petitioner took delivery of the first item of the A schedule
property through Court of law, the respondents 3 and 4 are causing
hindrance to the petitioner.
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Crl.O.P.(MD) No.8846 of 2023
3. In view of the hindrance caused by the respondents 3 and 4 to
the petitioner, even after taking delivery of the property through Court of
law, the respondent police is directed to give necessary police protection
to the petitioner in the manner known to law. Accordingly, this Criminal
Original Petition is disposed of.
17.05.2023
NCC:Yes/No
Index:Yes/No
Sm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.8846 of 2023
To
1.The Superintendent Of Police,
Thanjavur District, Thanjavur.
2.The Inspector of Police,
Kumbakonam East Police Station,
Thanjavur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD) No.8846 of 2023
T.V.THAMILSELVI, J.
Sm
Crl.O.P.(MD) No.8846 of 2023
17.05.2023
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