S.Inbaraj v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14937 and 14940 of 2015 S.Inbaraj ... Petitioner in both Crl.OPs Vs 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Assistant Commissioner of Police, Vadapalani, Chennai.

3.The Inspector of Police, Virugambakkam Police Station, Chennai-92.

4.The Executive Officer/Assistant Commissioner, Kaliamman Koil, Kaliamman Koil Street, Virugambakkam, Chennai92. ... Respondents [R4 impleaded as per order in MP.1/15 dt.26.6.15] in Crl.OP.14937/15 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Deputy Commissioner of Police, T.Nagar Circle, Chennai-17.

3.The Assistant Commissioner of Police, Vadapalani, Chennai.

4.The Inspector of Police, Virugambakkam Police Station, Chennai-92.

... Respondents in Crl.OP.14940/15 Prayer in Crl.OP.No.14937 of 2015 : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents police to provide adequate police protection to the petitioner's life and property situated at Survey No.98, Door No.81, Kaliamman Koil Street, Virugambakkam, Chennai-92, totally to an extent of 5440 sq.ft of vacant land

out of which 2676 sq.ft of vacant land was allotted to petitioner pursuant to the order in M.P.No.1 of 2015 in S.A.No.324 of 2015 dated 13.04.2015 passed by this Hon'ble Court.

Prayer in Crl.OP.No.14940 of 2015 : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents police to register the petitioner's complaint dated 03.04.2015.

For Petitioner : Mr.M.V.Muralidharan in both Crl.OPs For Respondents : Mr.C.Emalias, APP in both Crl.OPs C O M M O N O R D E R Heard Mr.M.V.Muralidharan, learned counsel for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

2. It is seen that on the complaint lodged by the Executive Officer Anbukkarasi against this petitioner, petition enquiry was conducted in CSR.No.259 of 2015 and the encroachers were evicted and the compound wall was built around the Temple. Under such circumstances, the petitioner has given a complaint against the Executive Officer and is also seeking a direction to the police to give protection, pursuant to the orders obtained by the petitioner in his civil proceedings.

3. On a scrutiny of the facts and circumstances of this case, this is not a fit case in which such directions can be issued, inasmuch as, the Executive Officer had discharged her official duties in protecting the Temple lands.

4. Hence, these petitions are closed, with liberty to the petitioner to workout his remedy in the manner known to law. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar gya To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Assistant Commissioner of Police, Vadapalani, Chennai.

3.The Deputy Commissioner of Police, T.Nagar Circle, Chennai-17.

4.The Inspector of Police, Virugambakkam Police Station, Chennai-92.

5.The Executive Officer/Assistant Commissioner, Kaliamman Koil, Kaliamman Koil Street, Virugambakkam, Chennai-92.

6.The Public Prosecutor, High Court, Madras.

+2 CCS to Mr.M.V.Muralidharan, Advocate, sr.48929, 28930 CRL.OP.No.14937 and 14940 of 2015 ggk co kra 07.12.2015