1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.1873 of 2011 Chellammal ... Petitioner Vs 1. The Superintendent of Police Thoothukudi District Thoothukudi 2. The Inspector of Police South Police Station Thoothukudi Thoothukudi District ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to provide police protection to the petitioner and his family members on the complaint given by the petitioner dated 23.01.2011. For Petitioner : Mr.V.Kannan For Respondents : Mr.L.Murugan Government Advocate (Crl. Side) ORDER This Petition has been filed by the petitioner seeking to direct the second respondent to provide police protection to the petitioner and his family members on the complaint given by the petitioner, dated 23.01.2011. 2. Heard Mr.V.Kannan, learned counsel appearing for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl. Side) appearing for the State. 3. The learned counsel appearing for the petitioners would submit in his argument that the petitioner is the owner of the land and house comprised in S.No. 98/2A1A4A to the extent of 11.00 cents situated at Block No.5, Ward No.2, Thoothukudi Town, Thoothukudi District and the same was purchsed on 27.08.1979. He would further submit in his argument that during December 2010, one Saraswathi encroached the petitioner's land by putting construction of compound wall and the same was questioned by the petitioner, there was a wordy quarrel between them. He would further submit in his argument that the said Saraswathi and henchmen threatened the petitioner and therefore, the petitioner gave a complaint, on 20.01.2011, before the second respondent, but no action has been taken. He would further submit in his argument that again the petitioner has preferred a complaint before the second respondent, on 23.01.2011, against the proposed accused persons and to provide police protection to the petitioner and his family members, but no action has been taken till date. He would further submit in his argument that if for any reason, the petitioner and her family members are not given with any protection by the respondent police, there may be a threat to the life and limb of the petitioner and her family members and therefore, he https://hcservices.ecourts.gov.in/hcservices/ 2 would request the Court that the petitioner may be given police protection for the life and limb. 4. The learned Government Advocate (Crl. Side) would submit in his argument that the respondent police is always duty bound to protect every citizen's life and limb and the petitioner's apprehension that the proposed accused persons are inimical towards the petitioner on the basis of the civil dispute and if there is an element of truth in the apprehension of the petitioner, the respondent police would give police protection to the life and limb of the petitioner and her family members also. Therefore, he would request the Court to pass suitable orders. 5. I have given anxious thoughts to the arguments advanced on either side. 6. The documents produced by the petitioners in the form of typed set of papers would go to show that there was a dispute in between the petitioner and the proposed accused persons in respect of the properties These documents would go to show that the petitioner is found to be the true owner of the property. The apprehension on the part of the petitioner would be that the proposed accused persons and one Sarawathi are still inimical towards the petitioner and they are threatening the petitioner and her family members. No doubt, the petitioner's apprehension could be sustained. 7. The respondent police is also willing to provide protection to the life and limb of the petitioner and her family members. Therefore, this Court is convinced to direct the respondent to provide police protection to the life and limb of the petitioner and her family members, alone. 8. Accordingly, this Court is inclined to direct the respondent to provide police protection to the life and limb of the petitioner and her family members. With the above direction, this Petition is ordered, to that extent. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To 1. The Superintendent of Police, Thoothukudi District,Thoothukudi 2. The Inspector of Police, South Police Station, Thoothukudi,Thoothukudi District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.Kannan, Advocate SR.No.8981 Crl.O.P.(MD).No.1873 of 2011 15.02.2011 vsg PA/18.02.2011/2P/5C https://hcservices.ecourts.gov.in/hcservices/