P.Muralikrishnan, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No. 3152 of 2018 P. Muralikrishnan .. Petitioner Vs.

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Deputy Superintendent of Police, Sriperumbudur Police Station, Sriperumbudur, Kancheepuram District.

3. The Inspector of Police, Law and Order, C-1, Sriperumbudur, Police Station, Sriperumbudur, Kanchipuram District.

4. James Fredrick (R4 is impleaded as per the order of this Court dated 28.02.2018 made in Crl.M.P.No.2992 of 2018 in Crl.O.P.No.3152 of 2018) ..Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to direct the respondents to give permission and protection to the management of M/s. East West Resorts in repairing, restoring and reconstructing the damaged portions of compound wall of the three star Hotel of East West Resorts situated at N0.145, Chennai Bangalore National High Ways, Sriperumbudur, Kancheepuram District.

For Petitioners : Mr. R. Balachanderan For Respondents 1 ,2 & 3 : Mr. C.E. Pratap, Government Advocate (Crl.Side) For Respondent 4 : Mr. S. Patricle for Mr.K. Rajasekaran

ORDER

The petitioner has filed this petition seeking to direct the respondents to give protection to the management of M/s. East West Resorts in repairing, restoring and reconstructing the damaged portions of compound wall of the three star Hotel of East West Resorts situated at N0.145, Chennai Bangalore National High Ways, Sriperumbudur, Kancheepuram District.

2. It is the case of the petitioner that he is a Secretary of the hotel namely M/s. East West Resorts which is a three star hotel and the portion of the same was damaged and demolished by the former partners which resulted in filing of FIR in Crime No.730 of 2014. When the petitioner attempted to repair and re-construct the said hotel, accused in Crime No.730 of 2014 restrained the management from re-constructing the hotel. Hence the present petition has been filed before this Court seeking police protection to the management of M/s. East West Resorts in repairing, restoring and re-constructing the damaged portions of the hotel.

3. The learned counsel for the petitioner submitted that civil suits were filed by the parties in the Civil Court which were partly decreed and partly dismissed and both parties filed appeal and cross appeal before this Court and the same are pending. He further submitted that due to apprehension, the petitioner has filed the present petition seeking police protection and he prays for grant of relief as sought for by the petitioner in order to save the life and properties of the petitioner.

4. The learned Government Advocate (Crl.Side) submited that the whole dispute relates to civil transaction and for which the parties have filed suits before the Civil Court. Therefore the parties may pursue their case before the Civil

Court.

5. This Court has considered the submission and the materials placed and is of the view that the issue is purely Civil in nature for which the parties have approached the Civil Court and merely because of some apprehension of the petitioner, the respondents cannot be directed to give protection. Therefore, this petition deserves to be closed.

6. Accordingly this petition is closed. However, liberty is granted to the petitioner to work out his remedy in accordance with law in case of any future development. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar NHS To

1. The Superintendent of Police, Kancheepuram District.

2. The Deputy Superintendent of Police, Sriperumbudur Police Division, Sriperumbudur, Kancheepuram District.

3. The Inspector of Police, Law and order, C-I, Sriperumbudur Police Station, Sriperumbudur, Kancheepuram District.

4. The Public Prosecutor, Madras High Court, Chennai-600 104.

Crl.O.P.No.3152 of 2018 RLD(CO) SB(10/11/2021)