1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P(MD)No.6415 of 2011 Peyandi Thevar ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District. 3.The Inspector of Police (L & O), Vikramangalam Police Station, Usilampatti Taluk,Madurai District. ... Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to give proper police protection to the life and lives of the petitioner's family members on the basis of the petitioner's complaint dated 30.04.2011 and to pass such further or other orders. For Petitioner : Mr.R.Udhayakumar For Respondents : Ms.S.Prabha Govt. Advocate (Crl. Side) ORDER This Petition has been filed by the petitioner seeking for police protection to the life and lives of the petitioner and his family members based on the petitioner's complaint dated 30.04.2011. 2. Heard Mr.R.Udhayakumar, learned counsel appearing for the petitioner and Ms.S.Prabha, 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 and his wife filed a suit in Original Suit No.238 of 1995 on the file of the District Munsif cum Judicial Magistrate's Court, Usilampatti for partition of one third share of scheduled properties mentioned in the plaint and permanent injunction against one Seenivasan and others and the same was decreed and further the petitioner and his wife approached the Court for executing the same by filing Execution Petition No.7 of 2005 and the same was also allowed and thereafter the petitioner and his wife were peacefully enjoying the same and thereafter on 29.04.2011 at about 08.00 a.m. Seenivasan, Pandy, and Marimuthu, sons of one Ramu Thevar and Thiruppathy, Sakthipandi and Venkatesan, sons of Mayi and unnamed identified ten persons trespassed into the petitioner's property and threatened the petitioner's life and limb and therefore the petitioner has given a complaint to the third respondent police against the said persons. He would further submit that if for any https://hcservices.ecourts.gov.in/hcservices/ 2 reason, the petitioner is not given with any protection by the third respondent police, there may be a threat to the life and limb of the petitioner and his family members. He would restrict his prayer of police protection in respect of his life and limb of the petitioner and his family members and therefore he would request the Court that the petitioner may be given police protection for his life and limb and also his family members. 4. The learned Government Advocate (Crl. Side) would submit in her argument that the third respondent police is always duty bound to protect every citizen's life and limb and the petitioner's apprehension that the said Seenivasan and other persons are inimical towards the petitioner on the basis of the civil dispute and the third respondent police would give police protection to the life and limb of the petitioner also. Therefore, she 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 one Seenivasan and others in respect of the property Whether source of apprehension is true or not, the police has to protect the life of every citizen and therefore the petitioner's apprehension may be sustained. 7. The respondent police is also willing to provide protection to the life and limb of the petitioner and his family members. Therefore, this Court is convinced to direct the third respondent police to provide police protection to the life and limb of the petitioner and his family members alone. 8. Accordingly, this Court is inclined to direct the respondent police to provide police protection to the life and limb of the petitioner and his family members. With the above direction, this Petition is ordered. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District. 3.The Inspector of Police (L & O), Vikramangalam Police Station, Usilampatti Taluk, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.6415 of 2011 smn PA/07.06.2011/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/