G MEENA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE facts which are necessary for the disposal of the above Criminal Original Petition are set-out below:-THE petitioner claims that she has purchased 3 acres and 12 cents in Survey No.390/2 Sunnambu Kolathur Village in Tambaram Taluk under various registered sale deeds from various persons and after selling away an extent of 1.5 acres she has retained 1.62 acres for establishing a School in that area she got approval from the CMDA in 1998 from the date of purchase the petitioner is in possession and enjoyment of the property all revenue records stand in the petitioner's name and she is paying all necessary taxes and other charges to the concerned authorities. It is the case of the petitioner that at the instigation of one Rajendran, his wife-Vasanthi Rajendran, the fourth respondent herein, who was the President of Kovilambakkam Village Panchayat filed O.S.No.216 of 2001 for permanent injunction before the District Munsif Court, Alandur, against the Assistant Settlement Officer and Others to restrain the defendants from changing the classification of the said land in the revenue records and the same was dismissed as early as on 28.11.2005.

(2.) ACCORDING to the petitioner since the following persons namely Devendran, K.Rajendran and Kabali claiming the said land to be classified as Government Annadheenam tried to interfere with the possession hence she filed O.S.No.104 of 2005 against them before the District Munsif Court, Alandur, for permanent injunction restraining them from interfering with her peaceful possession and enjoyment of the said property and pending the suit she prayed for interim injunction in I.A.No.467 of 2005 and by an exparte order dated 24.02.2005 ad-interim injunction was granted and on service of notice the defendants entered appearance and filed their written statements and counter statements and interim injunction order was being extended from time to time and on 10.04.2006 the injunction was extended till the disposal of the suit and since the suit was ripe for trial the injunction petition was closed. It is the further case of the petitioner that thereafter the said Rajendran through his henchman-one Kumar filed a Public Interest Litigation (PIL) before this Court to direct the District Collector, Kancheepuram and Tahsildar to set-right the records relating to the property in Survey No.390/2 and the same was dismissed by this Court on 12.04.2007 on 03.04.2007 when the workers of the petitioner were doing fencing work in the above said property for establishing the School, the said Rajendran and his henchman trespassed into the property with deadly weapons and threatened the workers with dire consequences which forced the petitioner to lodge a complaint before the third respondent and the third respondent issued a receipt in CSR No.216 of 2007 but failed to take any action and later by virtue of an order passed by this Court under Section 482 Cr.P.C., a case in Crime No.1490 of 2008 has been registered by the third respondent for the offences under Sections 147, 148, 323, 383, 441, 463, 464, 120-B and 506 (ii) IPC against the said Rajendran, the fourth respondent herein, Devendran, Kabali and others since there was frequent interference with the possession of the petitioner, the petitioner submitted a representation to the Revenue Divisional Officer, Chengalpet, for police protection for fencing the property and the Revenue Divisional Officer by his communication dated 27.05.2008 forwarded the representation to the second respondent herein for necessary action but no action has been taken to protect the petitioner's life and property at the hands of the accused persons in Crime No.1490 of 2008. Contending that the petitioner has no other remedy except to approach this Court under Section 482 Cr.P.C., the aforesaid relief is sought for.

(3.) HEARD the learned counsel on either side.