C.Elangovan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.709 of 2019 C.Elangovan ... Petitioner -Vs1. The Inspector of Police, Ramanatham Police Station, Ramanatham, Thitakkudi Taluk, Cuddalore District.

2. Manokaran ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the 1st Respondent to provide protection to the Petitioner's life and limb and the crops. For Petitioner : Mr.R.Diwaharan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed seeking for police protection.

2. It is seen from records that the petitioner filed a suit in O.S.No.180 of 2006 before the learned Additional District Munsif Court, Thittakudi, against the 2nd respondent and others seeking for relief of declaration and consequential injunction. That suit was dismissed by judgment and decree dated 09.08.2017. As against the same, the petitioner also filed an appeal in A.S.No.42 of 2017 and the same is pending before the Sub Court, Thittakudi. During the pendency of this appeal, the 2nd respondent and others seem to have been interfering with the possession and enjoyment of the property and are also causing threat to the petitioner.

3. The petitioner has therefore given a complaint before the respondent police on 29.11.2018, seeking for police protection. Since no action has been taken by the respondent police, the present petition has been filed seeking for appropriate direction.

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4. Admittedly, in this case, the appeal is pending in A.S.No.42 of 2017. Therefore, the petitioner has to necessarily seek for appropriate relief only before the Appellate Court. The police cannot give any police protection without an order of the Civil Court. The petitioner cannot independently maintain the petition seeking for police protection before this Court.

5. This Criminal Original Petition is disposed of by giving liberty to the petitioner to workout his remedy in the pending appeal in A.S.No.42 of 2017 and redress his grievance. Sd/- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar ub/ssr To

1. The Inspector of Police, Ramanatham Police Station, Ramanatham, Thitakkudi Taluk, Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Diwaharan , Advocate SR.No. 2584 Crl.O.P.No.709 of 2019 A.SK(14/02/2019) https://hcservices.ecourts.gov.in/hcservices/