Petitioner sought police protection to demolish his dilapidated house under Section 482 Cr.P.C. The Court dismissed the petition, holding that police protection cannot be granted without a prior court order for the demolition, leaving the Petitioner's rights open.
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Crl.O.P(MD)No.2788 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2021 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2788 of 2021
Savarirayan ... Petitioner
Vs
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police (L & O), K.Pudur Police Station, Madurai City.
3.Vijayalakshmi ... Respondents
PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent to provide police protection to demolish his dilapidated house in Door No.13, Manmalaimedu, Kal Sandhu, K.Pudur, Madurai City by considering the petitioner's complaint dated 04.02.2021.
For Petitioner : Mr.M.Solaisamy For R1 & R2 : Mr.M.Veeranthiran Government Advocate For R3 : Mr.R.Chandrasekar
ORDER
Heard the learned counsel on either side.
Sd/-
Assistant Registrar (T&P)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmi
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Crl.O.P(MD)No.2788 of 2021
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police (L & O), K.Pudur Police Station, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M. SOLAISAMY, Advocate ( SR-35236[F] dated 19/11/2021 ) Crl.O.P(MD)No.2788 of 2021 17.11.2021
SS(CO) GC(03.12.2021) 2P 5C
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1 issue framed by the court
Whether police protection can be granted for demolishing a property without an existing court order.
1 provisions across 1 enactments
Savarirayan
The Commissioner of Police, Madurai City
The Inspector of Police (L & O), K.Pudur Police Station, Madurai City
Vijayalakshmi
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
