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2014 DIGILAW 3943 (MAD)

S. Pitchai v. Superintendent of Police, District Superintendent of Police, TVS Tollgate, Trichy, Trichy District

2014-10-20

N.KIRUBAKARAN

body2014
Judgment This petition is filed seeking a direction to the second respondent herein to provide necessary police protection to the petitioner as well as his property situated at Trichy District, Manapparai Municipal limits, 7th ward, Chockalingam Street, measuring 50 feet on north south, 58 1/4 feet on east west side and house situated therein in the light of his representation dated 01.09.2014. 2. The learned Counsel appearing for the petitioner contends that as there was a dispute between the petitioner and one Mariyayee, the petitioner filed a suit in O.S.No.258 of 1989 on the file of the District Munsif, Manapparai, seeking permanent injunction and it was decreed and the same was upheld by this Court in S.A.No.37 of 2001. In spite of that,, the said Mariyayee is preventing the petitioner to construct the wall in the petitioner's property. Therefore, the petitioner gave a complaint on 01.09.2014 to give police protection for constructing the compound wall. Since no protection was given, the petitioner is before this Court. 3. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents. 4. The entire findings have been given by the civil Court stating that the said Mariyayee does not have any right over the property. The relevant portion of the findings given, is as follows: “Tamil” 5. From the above, it is clear that the petitioner alone has got the right over the property and therefore, the petitioner is entitled to enjoy the property according to his wish. Hence, the respondents police are directed to give police protection to the petitioner for raising the compound wall. 6. With the above direction, the Criminal Original Petition is disposed of.