1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2011 CORAM THE HONOURABLE MR. JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).191 of 2011 G.Pothumani ... Petitioner Vs. 1. The Superintendent of Police, Theni District. 2. The Inspector of Police, Andipatti Police Station, Theni District. 3. The Sub Inspector of Police, Andipatti-Vaigai Dam Police Station, Theni District. ... Respondents Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to provide police protection to the petitioner and her family members for their peaceful possession and enjoyment of the property situated in S.No.2302 Melamangalam revenue village, Periyakulam Taluk, Theni District. For Petitioner : Mr.A.Thirumal For Respondents : Mr.L.Murugan Govt. Advocate (Crl.Side) ORDER This criminal original petition has been filed to direct the respondents to provide police protection to the petitioner and her family members for their peaceful possession and enjoyment of the property situated in S.No.2302 Melamangalam revenue village, Periyakulam Taluk, Theni District 2. Heard Mr.A.Thirumal, 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 petitioner would submit in his argument that the rival claimants of the petitioner had created problems, even though civil suits were instituted in between them and were ended in favour of the petitioner and the property was found belonging to the petitioner. He would further submit in his argument that the petitioner has given a representation to the respondent police to give police protection to the petitioner and her property. But however the respondents have not registered the complaint and give police protection to the property as well as the person and therefore, he requests this Court that a suitable direction may be given to the respondent police as per the request made in the petition. 4. The learned Government Advocate(Crl.Side) would submit in his argument that the complaint given by the petitioner was enquired and the accused have given an undertaking that they would prefer second appeal and https://hcservices.ecourts.gov.in/hcservices/ 2 they would not interfere with the said property till it has been adjudicated by the said Court and they would not cause any problem in respect of the said property and he has also produced the xerox copy of the undertaking given by both accused. 5. Considering the said submission made by both sides, this Court could see that the rival claimants of the petitioner have given undertaking to the respondent police that they would not interfere with the respective property except with the order to be passed by the appellate Court after filing the second appeal against the orders passed by the lower Court. 6. In any way, the petitioner has got every remedy to protect his possession by filing an appropriate proceedings before Executing Court and seeking protection through Executing Court and she can possess the enjoy the property as per the order of the civil Court. In these circumstances, this Court need not pass any order in respect of the protection to be given to the property. 7. As regards protection to the life and limb of the petitioner is concerned, she is a woman and she had got civil Court decree in her favour in respect of the suit property and it is also submitted that her husband is working in P.W.D. Department and he has to attend his office daily, and would also express concern over the personal safety to the petitioner as well as her husband. Therefore, considering the dispute caused in between the petitioner and the rival claimants and the respondent police is also willing to give police protection to the life and limb of the petitioner and her husband, the respondent police are directed to give police protection to the life and limb of the petitioner and her husband. The criminal original petition is ordered accordingly. Sd/- Deputy Registrar(W) /TRUE COPY/ Assistant Registrar To 1. The Superintendent of Police,Theni District. 2. The Inspector of Police, Andipatti Police Station,Theni District. 3. The Sub Inspector of Police, Andipatti-Vaigai Dam Police Station, Theni District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.Thirumal, Advocate SR.No.901 Crl.O.P.(MD).191 of 2011 07.01.2011 ssl PA/21.01.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/