1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15644 of 2011 V.Rilvan Mohamed ...Petitioner -Vs- 1. The Superintendent of Police Ramanathapuram 2. The Deputy Superintendent of Police Ramanathapuram Town 3. The Inspector of Police Bazaar Police Station Ramanathapuram ...Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to provide police protection on the cost of the petitioner, for opening the shop “WAHAPS” at Salai Road, Ramanathapuram. *** For Petitioner : Mr.K.R.Laxman For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) O R D E R This Petition has been filed by the petitioners seeking to direct the third respondent to provide police protection at the cost of the petitioner, for opening the shop “WAHAPS” at Salai Road, Ramanathapuram. 2. Heard Mr.K.R.Laxman, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Crl. Side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner is running a readymade garments shop under the name and style of "WAHAPS". He would further submit in his arguments that on 15.08.2011, the landlord, viz., Noorul Hameed started harassing and threatening the petitioner to vacate the said shop premises. Therefore, the petitioner has been constrained to file a suit in O.S.No. 95 of 2011, seeking a relief of not to evict the petitioner without following due process of law and the said suit is pending adjudication. He would also submit in his argument that on 15.10.2011, the doors of the shop was locked abruptly at the instance of the said Noorul Hameed and when the petitioner attempts to open the shop, the said person repeated threat for https://hcservices.ecourts.gov.in/hcservices/ 2 life and limb of the petitioner. He would further submit in his argument that if for any reason, the petitioner is not given with any protection by the respondent police, there may be a threat to his life and limb and therefore, he would request the Court that the petitioner may be given police protection for his 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 said Noorul Hammed is 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 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 petitioner in the form of typed set of papers would go to show that there was a dispute in between the petitioner and the said Noorul Hammed in respect of the premises occupied by the petitioner. The apprehension on the part of the petitioner would be that the Noorul Hammed is still inimical towards the petitioner and he was repeating his threatenings. 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. Therefore, this Court is convinced to direct the third respondent to provide police protection to the life and limb of the petitioner. 8. Accordingly, this Court is inclined to direct the third respondent to provide police protection to the life and limb of the petitioner. With the above direction, this Petition is ordered. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Regsitrar To 1. The Superintendent of Police, Ramanathapuram 2. The Deputy Superintendent of Police, Ramanathapuram Town 3. The Inspector of Police Bazaar Police Station, Ramanathapuram 4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +One Cc to Mr.K.R.Laxman, Advocate, SR.No.42147 vsg rl/6c – 2.12.2011 Crl.O.P.(MD).No.15644 of 2011 30.11.2011 https://hcservices.ecourts.gov.in/hcservices/