Pakkirisamy v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3409 of 2019 Pakkirisamy ... Petitioner Vs.

1. The Superintendent of Police, O/o The District Superintendent of Police, Thiruvarur District, Thiruvarur.

2. The Inspector of Police, Muthupettai Police Station, Muthupettai, Thiruvarur District.

... Respondents Prayer:Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code to direct the 2nd respondent police to grant police protection to the petitioner for cultivating the paddy in his lands on the complaint given by the petitioner dated 20.10.2019, 18.01.2019 and 26.01.2019 and consequently take appropriate action as per law against the accused persons.

For Petitioner : Mr.R.Murugabharathi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed by the petitioner seeking direction to the second respondent to grant police protection to the petitioner for cultivating the paddy in his lands on the complaint given by the petitioner dated 20.10.2019, 18.01.2019 and 26.01.2019.

2.

A suit for specific performance has been filed by the rival party in O.S.No.54 of 2018 and the same is pending before https://hcservices.ecourts.gov.in/hcservices/

the District Munsif Court, Thiruthuraipoondi. Therefore, the parties will have to resolve the dispute only before the competent civil Court and the police will not have any role to play in this matter.

3. At this juncture, the police cannot give any protection, since it involves civil right between the parties. Hence, this Criminal Original Petition is disposed of by giving liberty to the petitioner to work out his remedy before the appropriate Civil Court. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar ssr/rpl To

1. The Superintendent of Police, O/o The District Superintendent of Police, Thiruvarur District, Thiruvarur.

2. The Inspector of Police, Muthupettai Police Station, Muthupettai, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Murugabharathi, Advocate SR.No.11410 Crl.O.P.No.3409 of 2019 KJI(CO) GMY(14/03/2019) https://hcservices.ecourts.gov.in/hcservices/