A.Amirtharaj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1415 of 2022 A.Amirtharaj ... Petitioner Vs.

1.The State Rep by The Commissioner of Police, Greater Chennai, Chennai - 600 007.

2.The Inspector of Police, R6-Kumaran Nagar Police Station, Chennai.

3.A.Jayapandian 4.Veerapandian 5.Andrews 6.Alban ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 police to give police protection to provide Electricity Connection and installation of Electricity meter for the petitioner's property bearing Door no.53, Andiappan Street, West Mambalam, Chennai - 600 033.

For Petitioner :

Mr. S.Ramachandran For Respondent :

Mr.E.Raj Thilak Nos.1& 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 police to give police protection to provide electricity connection and installation of electricity meter for the petitioner's property bearing Door no.53, Andiappan Street, West Mambalam, Chennai - 600 033.

2.The grievance of the petitioner is that the petitioner had given representation on 05.01.2022, to the 1st and 2nd respondents seeking police protection for installation of electricity meter and connection. Though the petitioner had purchased the property from one Velayudha Naicker on 01.03.1995, thereafter, he has been in enjoyment of the property. There is some dispute between the petitioner and his brothers with regard to the property and the petitioner filed a suit in O.S.No.12804 of 2010 and the same ended in favour of the petitioner by judgment dated 25.08.2021. The aggrieved parties had filed an appeal in A.S.No.445 of 2021 and also CMP No.18724 of 2021 for stay of operation of the decree of the Civil Court, but this Court had dismissed the same on 29.11.2021.

In view of the same, the petitioner's enjoyment of the property is confirmed according to the petitioner. The Electricity Board authorities had gone to install the electricity meter, at that time they were threatened, therefore, the authorities left the premises without giving connection and installing the meter. When the petitioner approached the respondent police, they informed that the Electricity Board authorities to lodge a complaint. In view of the same, the petitioner is denied having electricity connection and fixing of meter.

3.The learned Additional Public Prosecutor submits that it is a never ending fight between the petitioner and his brothers. The petitioner never obtained any orders from the Electricity Board department to install the meter and provide electricity connection and nothing has been produced by the petitioner. If the petitioner provides orders from the concerned department, the same would be considered favourably. He further submitted that the second respondent made it clear to the petitioner that they cannot involve in the civil dispute between the petitioner and his brothers and informed the petitioner to approach the Civil Court about the dispute and get appropriate orders and thereafter, the same would be considered by the respondent police.

4. Recording the same, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar sli

To 1.The State Rep by The Commissioner of Police, Greater Chennai, Chennai - 600 007.

2.The Inspector of Police, R6-Kumaran Nagar Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Ramachandran, Advocate SR.No.4553 CRL.O.P.No.1415 of 2022 CA(CO) GMY(10/02/2022)