This Criminal Original Petition has been filed to direct the respondents herein to give adequate police protection to the petitioner and his workmen during the fencing work at his land in S.No.121/3A, Karuppur Village, Omalur Taluk, Salem District, based on the petitioner's representations dated 29.05.2017 and 30.05.2017.
2. The learned counsel for the petitioner submitted that the suit filed by the one Nallammal and others in O.S.No.55 of 2009 before the District Munsif-cum-Judicial Magistrate, Omalur and yet another suit filed by one Ramasamy and two others in O.S.No.204 of 2014, before the same Court, claiming right over the pathway in the agricultural land in S.Nos.136 to 121/3A, Karuppur Village, Omalur Taluk, Salem District, owned by the petitioner, were dismissed by a common judgment and decree dated 25.11.2016. It is stated that no appeals have been filed against the said judgment. It is also stated that another suit filed by one Senthilkumar in O.S.No.320 of 2016 for partition of the property and an interlocutory application in I.A.No.446 of 2016 in O.S.No.320 of 2016 for injunction against the petitioner and his family in respect of the said pathway was also dismissed on 06.06.2017. According to the petitioner, the above suits have been filed to disturb the petitioner's peaceful possession and enjoyment of the property. Even after passing the above orders, the accused persons threatened the petitioner with dire consequences and prevented him to enter into his property. Hence, the petitioner submitted representations dated 29.05.2017 and 30.05.2017 to the respondent police for providing police protection for fencing of his landed property. Since no action has been taken on the same, the present Criminal Original Petition has been filed.
3. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondents.
4. Considering the facts and circumstances of the case, the third respondent is directed to provide adequate police protection to the petitioner to enable him to fence his property. However, the same will be at the cost of the petitioner.
5. The Criminal Original Petition is disposed of accordingly.
Index : Yes/No 23.06.2017 Internet : Yes/No KM To
1. The Commissioner of Police, Salem City Police, Salem.
2. The Assistant Commissioner of Police, Salem City Police, Sooramangalam, Salem.
3. The Inspector of Police, D3 Sooramangalam Police Station, Salem City Police, Sooramangalam, Salem.
4. The District Munsif-cum-Judicial Magistrate, Omalur.
5. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.11933 of 2017 23.06.2017