K. KATHIRVEL Vs. SUPERINTENDENT OF POLICE, MADURAI CITY

JUDGEMENT

(1.) This criminal original petition has been filed seeking a direction to direct the first and second respondents police to give adequate police protection to the petitioner-s life and limb.

(2.) The case of the petitioner is that the petitioner is a tenant of the land in survey Nos.23/8, 24/5, 17/4 and 16/1 situated in Atchampathu Village, Madurai West, Madurai. The above mentioned lands belonged to the trust, namely, M/s.Lala Sriranga Chathiram Trust and the petitioner is in enjoyment of the said property for the past 30 years continuously. The petitioner has been paying appropriate charges to the trust for the possession of the land. In earlier, the third respondent filed a petition in Crl.O.P.(MD)No.8147 of 2017 before this Court, in which he seeking a relief to grant police protection to fence the land in survey No.23/8. During the pendency of the said petition, a compromise has been entered between the petitioner and the third respondent, who is the Managing Trustee of the said trust. In the said compromise, only pathway issues were compromised. Further, the third respondent agreed the tenancy rights of the petitioner and also agreed to receive rent every year.

(3.) Though the said compromise, recognise the right of the petitioner, now the third respondent interfering with the peaceful possession of the petitioner and attempted to dispose the petitioner from the above mentioned property and therefore, it is necessary to give police protection to the petitioner. The learned counsel appearing for the petitioner would submit that after entering into compromise, the third respondent without any reason purposely entered into the field, in which the petitioner was in possession and attempted to dispose the petitioner from the property.