V.Narayanakumar v. The Superintendent of Police

O R D E R This criminal original petition has been filed seeking direction to the respondent No.1 and 2 to give police protection to the petitioner and his house property bearing Door No.15A, Keeranur Village, Hamlet of Authoor Thiruchendur Takuk, Thoothukudi District, on the basis of the complaint given by him before the 2nd respondent/Police, on 30/08/2022 for his peaceful possession and enjoyment of the house and also to the petitioner's life and limb.

2.The facts in brief:- A suit in O.S No.66 of 2002 on the file of the Additional District Munsif Court, Thiruchendur, was filed by one Mahaliammal seeking declaration and injunction against this petitioner as second defendant. The suit was decreed declaring that the property belongs to the plaintiff namely Mahaliammal. But the relief sought for injunction was denied on the ground that this petitioner is in possession. Against the said order, appeal was preferred before the Sub Court, Tuticorin in A.S No.24 of 2004 by this petitioner and others. Pending the above said appeal process, Mahaliammal died and his son namely Chinnadurai was brought on record. He also died. So, the respondents 3 to 7 herein were brought on record as legal heirs. The appeal was dismissed. Against which, SA(MD) No.122 of 2010 was filed before this court and the same was allowed on 29/04/2022.

3.Later, the legal heirs of Mahaliammal and Chinnadurai left the village and went away. The respondents 8 to 10 here are strangers to the property and noway connected, but they are trying to encroach the property by making trespass. So, the petitioner gave a petition before the 2nd respondent, on 30/08/2022. The case in CSR No.414 of 2022 was registered. But advised the parties to approach this court for appropriate relief.

4.Now seeing police protection, this petition has been filed, on the basis of the representation, dated 30/08/2022.

5.Heard both sides.

6.When the matter was originally heard, the learned counsel appearing for the private respondents has submitted that they have filed SLP before the Hon'ble Supreme Court against the judgment of this court passed in SA(MD)No.142 of 2022, dated 29/04/2022. On that score, this petition was adjourned for further enquiry , for producing the order, if any from the Hon'ble Supreme Court.

7.When the matter was again taken up for hearing, the learned counsel appearing for the petitioner would submit that SLP that was preferred by the private respondents found to be defective and not re-filed even after the statutory period of 90 days. So, according to him, it was automatically struck off from the file. He would also produce the diary extract bearing No.27125/2022.

8.Even though, the learned counsel appearing for the private respondents would submit that they will rectify the above said defects and re-submit the SLP, this petition hearing cannot be adjourned for taking statutory steps to be taken by the private respondents. On that score, both side heard. During the course of enquiry, it has been brought to the notice of this court that a portion of the property was let out to the Postal Department for running Post Office.

9.The learned Additional Public Prosecutor has also produced the enquiry report, wherein, it has been stated that civil decree ordered in favour of Mahaliammal and Chinnadurai was known to the private respondents and they also undertook to vacate the house, after getting the order from the competent court.

10.When a portion of the property has been let out to the Postal Department, seeking of police protection for continuing possession or for vacating the private respondents does not arise at all. Who let out to evict the property cannot also be a point for discussion by this court, since it is a factual aspect. But the fact remains that in the representation itself, this petitioner has stated that in-spite of the civil court decree granted in his favour, the private respondent have not vacated the house. When the possession of the private respondents has been admitted by the petitioner, the petitioner has to work out his remedy only through the appropriate civil proceedings. By filing this petition and making a representation seeking police help, they wanted to execute the civil court decree.

11.Reading of the representation itself will show that only the private respondents are in possession of the property.

12.For better appreciation of the issue, let me reproduce the body of the representation:- "ehd; nkny fz;l tpyhrj;jpy; FoapUe;J tUfpnwd;. fPnH ,e;j k?tpy; bjspthf Jyf;fg;gl;Ls;s brhj;J k?jhuhfpa vdf;F capy; Ky: khf ghj;jpag;gl;Lk;> rl;lg;go vdJ m?gtj;jpy; ,Ue;J tUk; brhj;jhFk;. fPnH Jyf;fg;gl;Ls;s brhj;ij bghWj;J k?jhuhfpa ehd; khz;g[kpF brd;id cah;ePjpkd;w kJiuf; fpisapy; S.A(MD)No.142/2020 nky;KiwaPl;oid nyl;.rpd;dj;Jiu kw;Wk; rhe;jFkhhp> knf6; (v) gftjp> kapy;thfdd;> btq;fnl?; ?fpnahh;fis vjph;thjpahf nrh;j;Jk; jhf;fy; bra;jjpy; fPH;fz;l brhj;jhdJ k?jhuhfpa vdf;F ghj;jpag;gl;l vd; m?gtj;jpy; cs;sJ vd;gij khz;g[kpF brd;id cah;ePjpkd;w kJiuf;fpisahdJ S.A(MD)No.142/2020 nky;KiwaPl;L tHf;fpd; jPh;g;gpy; gfh;e;Js;sJ. nkw;go S.A(MD)No.142/2020 nky;KiwaPl;L tHf;fpy; brd;id cah;ePjpkd;wk; gpwg;gpj;j jPh;g;gpd; efiy ,j;Jld; rkh;g;gpj;J cs;nsd;. ?w;fdnt jpUr;bre;J?h chpikapay; ePjpkd;wj;jpy; K.t.66/2002 tHf;fpYk;> nk.K.24/2004 tHf;fpYk;> 2tJ nky;KiwaPL brd;id cah;ePjpkd;w kJiuf;fpis 142/2010 tHf;fpYk; gpujpthjpfs; ahUk; Chpy; fle;j rpy tUlq;fshfntFoapUf;ftpy;iy. ,r;?H; epiyapy; fPH;fz;l brhj;jpw;F rpwpJk; rk;ge;jk; ,y;yhj jpUkhy; vd;gth; fPH;fz;l brhj;ij ?f;fpukpg;ngd; vd;Wk;> fPH;fz;l tPl;oy; ehd; FoapUf;ff; ?lhbjd;Wk; mth; bfhLf;Fk; bjhifia ehd; bgw;Wf; bfhs;s ntz;Lk; vd;W vd;id kpul;o tUfpwhh;. mth; brhy;Yk;go ehd; elf;fhtpl;lhy; vd; tPl;od; Kd; fytuk; bra;J tpghPjk tpistpg;ngd; vd;Wk; mof;fo kpul;o tUfpwhh; ,e;epiyapy; fle;j02.09.2022-k; njjpad;W ,ut[ Rkhh;

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13.So, the petitioner ought to have filed a proper proceedings for delivery of possession. Since there is a civil court decree, it may not be appropriate on the part of this court to go into detail about the rival claims.

14.In view of the above said, I find no merit in this petition and accordingly, this criminal original petition stands dismissed. 15/06/2023 Index:Yes/No Internet:Yes/No er To,

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Authoor Police Station, Authoor, Thiruchendur Sub-Division, Thoothukudi.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN, J er Crl.OP(MD)No.17099 of 2022 15/06/2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15/06/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.17079 of 2022 V.Narayanakumar : Petitioner Vs. 1.The Superintendent of Police, Thoothukudi District, Thoothukudi. 2.The Inspector of Police, Authoor Police Station, Authoor, Thiruchendur Sub-Division, Thoothukudi. 3.Santhakumari 4.Smt.Mageswari @ Bhagavathi 5.Smt.Vanitha 6.Mayilvahanan 7.Venkatesh 8.K.Thirumal 9.T.Sudhan 10.T.Vicky : Respondents PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to direct the respondent No.1 and 2 to give police protection to the petitioner and his house property bearing Door No.15A, Keeranur Village, Hamlet of Authoor Thiruchendur Takuk, Thoothukudi District, on the basis of the complaint given by him before the 2nd respondent/Police, on 30/08/2022 for his peaceful possession and enjoyment of the house and also to the petitioner's life and limb. For Petitioner : Mr.T.K.Gopalan for Mr.A.K.Nagarajan For R1 and R2 : Mr.R.Suresh Kumar Government Advocate (Criminal side) For R3, R4, R6, & R7 : Mr.M.M.Manivelpandian For 5th Respondent : No appearance For R8, R9 and R10 : Mr.V.Balasubramanian