Periyammal vs The Superintendent Of Police
2024 Latest Caselaw 18170 Mad

Madras High Court

Periyammal vs The Superintendent Of Police on 11 September, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                             1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Dated : 11.09.2024

                                                        CORAM

                              The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

                                           CRL OP(MD). No.19833 of 2023

                     Periyammal                                    ... Petitioner
                                                       Vs.
                     1. The Superintendent of Police
                          Karur District, Karur
                     2. The Inspector of Police
                          Palaviduthi Police Station, Karur District.
                     3.     Vellaisamy
                     4. Kanagasabai
                     5 . Shanmugam
                     6.     Rajesh
                     7.     Thangaraj
                     8. Sivakumar
                     9. Selvamani
                     10.Ramakrishnan
                     11. Banu                                    ... Respondents
                     PRAYER :- This Petition is filed under Section 482 Cr.P.C, to direct the
                     1st respondent to instruct the 2nd respondent police to give necessary
                     police protection to the life and limb of the petitioner and her family
                     members on the basis of the petitioner and her family members on the
                     basis of the petitioner's representation dated 06.10.2023.

https://www.mhc.tn.gov.in/judis
                                                                 2


                                   For Petitioner    : Mr.P.Saravanakumar

                                   For Respondents : Mrs.M.Aasha
                                                    Government Advocate (Crl.Side)for R1 & 2

                                                     : Mr.T.A.Ebenezer for R3, 5 to 9

                                                     : No appearance for R10

                                                            ORDER

The petitioner has filed this petition for police protection.

2. Heard the learned counsel on either side.

3. The grievance of the petitioner is that the petitioner is in

possession of the suit property and the same is being interfered and

threats are made by the private respondents.

4. The learned counsel for the private respondents would submit

that it is the private respondents, who are in possession of the property,

and the appeal suit filed by them is pending.

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5. Be that as it may, it can be seen that the private respondents

have filed a suit in O.S.No.155 of 2009 and by a judgment and decree

dated 14.10.2014, the said suit was dismissed. In the said suit, there is a

categorical finding that the private respondents have not proved their

possession, with reference to the suit property.

6. In that view of the matter, with reference to the possession of the

suit property, the police can grant protection, as per the Civil Court

decree. However, it is said that the appeal suit is pending in A.S.No.14 of

2015. It can be seen that there is no interim injunction pending the

appeal suit. Therefore, when there are no orders in favour of the

petitioner and not in favour of the party respondents, the police has to go

as per the civil court findings. Only if and when the private respondents

succeed in the appeal, then only, they can interfere with the possession

after succeeding the Appeal Suit. The police can give protection only as

per the civil court decree. If and when the petitioner is disturbing the

possession, without getting any orders from the Appeal Suit, the same

can be reported to the respondent police and the respondent police are

bound to give protection as per the findings of the Civil Court.

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7. With the above directions, this Petition is disposed of.

11.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS

TO

1. The Superintendent of Police Karur District, Karur

2. The Inspector of Police Palaviduthi Police Station, Karur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

D.BHARATHA CHAKRAVARTHY,J

LS

ORDER IN

Date : 11.09.2024

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