Madras High Court
Arul Jesuraj vs The Superintendent Of Police on 15 April, 2025
Crl.O.P.(MD)No.6288 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.6288 of 2024
Arul Jesuraj .. Petitioner
Vs.
1.The Superintendent of Police
Pudukottai District
Pudukottai
2. The Inspector of Police
Alangudi Police Station
Alangudi,
Pudukottai District
3. Pilavendran
4. Antony Mercy
5. Innasi Ammal
.. Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to direct the respondents 1 and 2, to give necessary police protection to
the petitioner's property situated in S.No.94/5C-0.05.0 Ares, 94/8-0.11.50
Ares, 94/9-0.11.50 Ares, 94/19A-0.19.50 Ares and in total Extent of
0.48.0 Ares on the basis of the petitioner's compliant dated 04.01.2024
and on the basis of the judgment and decree passed in favour of the
petitioner in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai
dated 09.08.2011 within a time frame fixed by this Court.
1/5
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Crl.O.P.(MD)No.6288 of 2024
For Petitioner : Mr.G.Thaveethu
For Respondents : Mr.M.Sakthi Kumar
No.1 and 2 Government Advocate(Crl.Side)
No.3 to 5 : Mr.Na.Palaniyandi
ORDER
This Criminal Original Petition has been filed by the petitioner to
to direct the respondents 1 and 2, to give necessary police protection to
the petitioner's property situated in S.No.94/5C-0.05.0 Ares, 94/8-0.11.50
Ares, 94/9-0.11.50 Ares, 94/19A-0.19.50 Ares and in total Extent of
0.48.0 Ares on the basis of the petitioner's compliant dated 04.01.2024
and on the basis of the judgment and decree passed in favour of the
petitioner in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai
dated 09.08.2011 within a time frame fixed by this Court.
2. The learned counsel appearing for the petitioner would submit
that the petitioner is the owner of the property and he also got civil decree
in his favour in O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai
dated 09.08.2011, as against the third respondent one Kashmir. Inspite of
that they caused hindrance to the plaintiff's possession and enjoyment
over the property thereby the petitioner has sent a representation dated
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04.01.2024 seeking police protection but no action was taken, hence the
present petition was filed
3. The learned Government Advocate(Crl.Side) appearing for the
respondents 1 and 2 would submit that already the representation of the
petitioner was considered and the same was closed, therefore nothing
survives for further adjudication in this case.
4. Considering the prayer sought for in the petition this Court
without even issuing notice to the private respondents is inclined to pass
orders. According to the petitioner he got decree in his favour in respect
of property situated in S.No.94/5C-0.05.0 Ares, 94/8-0.11.50 Ares,
94/9-0.11.50 Ares, 94/19A-0.19.50 Ares and he also got decree in
O.S.No.3 of 2010 on the file of the Sub Court, Pudukottai, inspite of that
the respondents are causing disturbance to the petitioner and also made
life threat to the petitioner. According to the second respondent already
the representation of the petitioner was considered and the same was
closed hence no further order is required to be passed in this case.
However if the private respondents indulged in any criminal activities the
petitioner is at liberty to approach the second respondent with specific
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compliant.
5. With the above direction, the Criminal Original Petition stands
closed.
15.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
aav
To
1.The Superintendent of Police
Pudukottai District
Pudukottai
2. The Inspector of Police
Alangudi Police Station
Alangudi,
Pudukottai District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL,J.
aav
15.04.2025
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