1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.15732 of 2011 D.Manickam ... Petitioner Vs. 1.The Commissioner of Police, Tirunelveli City,Tirunelveli. 2.The Inspector of Police, Town Police Station, Tirunelveli. 3.Thiruvavaduthurai Adheenam, Rep.by its Adheena Karthar Thiruvalar Seer Sivapraka Pandara Sannathi, Thiruvavaduthurai, Mayiladuthurai Taluk, Tanjore District. 4.Sivasubramanian 5.Janab Mohamed Ali ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct first respondent to give suitable direction to the second respondent to give necessary police protection to the petitioner and his brother's life and liberty based on the representation dated 24.11.2011. For Petitioner : Mr.A.Haja Mohideen For R1 & R2 : Mr.P.Kannithevan Govt. Advocate,(Crl. Side) O R D E R This petition has been filed to direct first respondent to give suitable direction to the second respondent to give necessary police protection to the petitioner and his brother's life and liberty based on the representation dated 24.11.2011. 2.Heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate (criminal side) appearing for the respondents. 3.The brief facts of the case is as follows: The petitioner's father had taken the land belonging to third respondent situated at Thenpathu Village, Tirunelveli Taluk in T.S.No.723 to an extent of one acre and 80 cents ton lease (Pattam) and the petitioner's father enjoyed the same. The third respondent filed a suit for permanent injunction in O.S. NO. 757 of 1999 on the file of the II Additional Munsif Court, Tirunelveli against his father and the said suit https://hcservices.ecourts.gov.in/hcservices/ 2 was dismissed and the third respondent filed an appeal in A.S.No.105 of 2003 on the file of the 1st Additional Subordinate Court, Tirunelveli, and the same was allowed and aggrieved over the same the petitioner's father filed the Second Appeal in S.A.No.81 of 2006 and the same was dismissed and against the judgment and decree, the petitioner has filed review application in Rev.Applc.No.103 of 2011 and the same is pending before this Court and during the pendency of the above said Second Appeal, the petitioner's father had expired and after demise of his father, the petitioner and his siblings having a peaceful possession and enjoyment of the said property. In the said circumstances, the respondents 3 to 5 gave life threat to the petitioner and the petitioner's brother and the petitioner lodged a complaint and the petitioner sent a representation dated 24.11.2011 to the first respondent and no action was taken. Therefore, the petitioner has filed this petition. 4. The learned Government Advocate (Criminal side) would submit in his argument that the dispute in between the petitioner and the accused persons is purely of civil in nature. The respondents are willing to give police protection only to the petitioner and his brother's life and limb. 5.Considering the submissions made by both side, this court could see that the petitioner only asked for police protection to their life and limb and therefore, there is no impediment for this Court to direct the respondents to give police protection to the petitioners' life and limb to that extent. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Tirunelveli City,Tirunelveli. 2.The Inspector of Police, Town Police Station, Tirunelveli. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD) No.15732 of 2011 01.12.2011 ses RJ/16.12.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/