MUTHU GOUNDER Vs. STATE

JUDGEMENT

(1.) HEARD both sides and perused the materials available on record.

(2.) THE present petition filed invoking the inherent powers of the High Court under Section 482 Code of Criminal Procedure, 1973 is for a direction to the Respondents 1 and 2 herein to give police protection to the petitioner for the unhindered enjoyment of a right of passage in accordance with a decree passed by a Civil Court, namely the court of Principal District Munsif, Kallakurichi in O.S.No.877/82 which came to be confirmed in an appeal before the first Appellate Court and in a second appeal before the second Appellate Court, namely the High Court.

(3.) UNDER such circumstances bye-passing the Government, the Petitioner has approached this Court without first even making a representation to the authorities concerned for providing police protection if necessary. Furthermore, in respect of property disputes, it will be quite impossible for the State to provide police protection to all the persons in whose favour decrees have been granted by the competent Civil Court. The executive must take stock of the situation to decide whether deploying police force to give protection to such a decree holder is absolutely necessary and if so to what extent and for the period during which such protection should be given.