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Madras High CourtCRL OP/852/2019disposed of

Sumathi v. The Inspector Of Police

2019-01-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.852 of 2019 Sumathi ... Petitioner Vs.

1.The State rep by The Inspector of Police, Namagiripettai Police Station, Namagiripettai, Rasipuram Circle, Namakkal District.

2. The Thasildar, Office of the Thasildar, Rasipuram, Namakkal District.

3. Natarajan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent herein to provide police protection to the petitioner and her land survey No.17/1B1 & 17/1A situated at Vadukam Muniyappanpalayam Village, Rasipuram Taluk, Namakkal District at the cost of the petitioner.

For Petitioner : Mr.W.Camyles Gandhi For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This criminal original petition has been filed seeking for police protection only to conduct survey in the property belonging to the petitioner.

2.Admittedly, the third respondent is the adjacent land owner and he is preventing the survey from being conducted by claiming right over the property. This dispute has to be necessarily resolved only before the Civil Court. The police cannot give any protection, since it involves civil right https://hcservices.ecourts.gov.in/hcservices/

between the parties.

3.This Criminal Original Petition is disposed of by giving liberty to the petitioner to work out his remedy before the appropriate Civil Court and seek for appropriate relief before the Civil Court.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rpl/ay To 1.The Inspector of Police, Namagiripettai Police Station, Namagiripettai, Rasipuram Circle, Namakkal District.

2. The Thasildar, Office of the Thasildar, Rasipuram, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.W.Camyles Gandhi, Advocate SR.No.2895 Crl.O.P.No.852 of 2019 CSL/30.01.2019 https://hcservices.ecourts.gov.in/hcservices/