LAWS(MAD)-2020-12-353

V.AYYAPASAMY Vs. SUPERINTENDANT OF POLICE

Decided On December 07, 2020
V.Ayyapasamy Appellant
V/S
SUPERINTENDANT OF POLICE Respondents

JUDGEMENT

(1.) This Criminal Original Petition has been filed directing the respondents 1 and 2 to consider the petitioner's representation dated 03.03.2020 and subsequent representation dated 17.11.2020 for providing adequate police protection to the petitioner's life and limb for construct a building on his land property situated in Survey No.557/1, Miranda line, Old G.H.Road, Theni Town, Theni District.

(2.) The learned counsel for the petitioner would state that the petitioner has purchased the above mentioned property on 03.10.1977 and after purchase, he has been in possession and enjoyment. In these circumstances, one Paramasivam Nadar and his legal heirs have filed a suit in O.S.No.86 of 1986 for Declaration and Permanent Injunction and the same was dismissed and it was decreed in favour of the petitioner. Aggrieved over the same, the third respondent preferred an appeal in A.S.No.11 of 2009 and the same was also dismissed on 26.11.2018. The third respondent and others have restrained the petitioner and attempted to grab the petitioner's land. Therefore, the petitioner lodged a complaint on 03.03.2020 seeking police protection to his life and limb and the same was registered in CSR.No.169 of 2020. Again the petitioner has sent a detailed representation dated 17.11.2020 in this regard, to the first respondent and requested for police protection to build a construction on his land. Since no action was taken, the petitioner has filed the present petition. The learned counsel for the petitioner would further state that the complaint was forwarded through post to the respondents.

(3.) The learned Additional Public Prosecutor would state that based on the complaint dated 03.03.2020, enquiry has been conducted in CSR No.169 of 2020 and the same has been closed on 05.03.2020. He would further state that if the petitioner gives a fresh representation along with relevant documents, the respondents 1 and 2 is prepared to consider the same.