M. KANDASAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking direction, to direct the respondents 1 to 3 to provide appropriate police protection to the petitioner's life and limb in order to maintain and clean his own properties comprised in T.S.Nos.5/1A, 5/1B, 5/1C, 5/24, 5/25, 5/26, 5/27, 5/28, 5/29, 5/30, 5/31, 5/32 and 5/33 of K.Abishekapuram Village, Tiruchirappalli District, on the basis of the petitioner's representation dated 23.09.2020.

(2.) The case of the petitioner is that by virtue of Sale Deeds in Document Nos.2161/2004 dated 13.05.2004, 2191/2004 dated 13.04.2004, 2190/2004 dated 13.05.2004, 2294/2004 dated 26.05.2004, 2803/2004 dated 28.06.2004, 2794/2004 dated 28.06.2004, 2162/2004 dated 13.05.2004, 2845/2004 dated 17.05.2004, 3203/2004 dated 09.07.2004 and by way of Sale Certificate in Document No.3783/2002, he purchased properties measuring an extent of 14.22 Acres comprised in T.S.Nos.5/1A, 5/1B, 5/1C, 5/24, 5/25, 5/26, 5/27, 5/28, 5/29, 5/30, 5/31, 5/32 and 5/33 of K.Abishekapuram Village, Tiruchirappalli District. After the said purchase, the petitioner became the absolute owner of the said properties and consequently, the said properties are in his possession.

(3.) In respect of the purchase of the said properties, the fourth respondent herein gave a complaint against the petitioner and instigating others to file a Civil Suit. But, the complaint given by the fourth respondent was closed by the Assistant Commissioner of Police, Anti Land Grabbing Special Cell, Trichy, vide Na.Ka.No.76/AC/ALGSC/TRC/2011, as action dropped. However, another one complaint has also been made against the petitioner, for which, a case has been registered in Crime No.14 of 2013, on the file of the Inspector of Police, Anti Land Grabbing Special Cell, Cantonment, Tiruchirappalli. In this regard, the petitioner herein and two other co-accused had filed Crl.O.P.(MD)Nos.17648, 18232 and 18233 of 2013 before this Court and seeking the relief to quash the said F.I.R. This Court, by common order dated 23.04.2018, allowed the said Criminal Original Petitions and accordingly, a case registered in Crime No.14 of 2013 against the petitioner was quashed. Aggrieved over the same, the fourth respondent herein filed S.L.P.(Crl.)Nos.7618 to 7620 of 2018 before the Hon'ble Apex Court, but the Hon'ble Apex Court, vide order dated 17.09.2018, dismissed the said Special Leave Petitions and accordingly, the common order passed by this Court dated 23.04.2018, in Crl.O.P.(MD)Nos. 17648, 18232 and 18233 of 2013, was made absolute. Similarly, in respect of the petition mentioned properties, one Duraisamy Gunaseelan, Duraisamy Venkateswaran, Duraisamy Vigneshwaran, R.Pushpavathy and R.Premavathy, filed a Suit in O.S.No.228 of 2009 against the petitioner, for declaration and injunction, before the III Additional District Munsif Court, Tiruchirappalli, was struck off by this Court in C.R.P.(PD)(MD)Nos.1181 and 1182 of 2018, dated 02.08.2018. Against the said order, the fourth respondent herein filed S.L.P.(C)Nos.12470 and 12471 of 2019 before the Hon'ble Apex Court, but the Hon'ble Apex Court, vide order dated 03.07.2019, dismissed the said Special Leave Petitions, by upholding the order passed by this Court, dated 02.08.2018, C.R.P.(PD)(MD)Nos.1181 and 1182 of 2018 and also during the pendency of Crl.O.P.(MD)No.17648 of 2013, this Court issued a direction to the Inspector of Police, ALGSC, Tiruchirappalli, to give police protection to the petitioner, in M.P.(MD)No.2 of 2013, dated 28.11.2013.