K.Ramachandra Kurup v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.21468 of 2018 K.Ramachandra Kurup

...Petitioner

Vs

1. The Inspector of Police T-13, Poonamallee Police Station Poonamallee Thiruvallur District.

2. The Inspector of Police Mangadu Police Station Mangadu Kancheepuram District.

3. Mr. S.V.Rao

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, directing the First and Second Respondents to grant police protection and take appropriate action against the Third Respondent and his supporters who indulge in acts of land grabbing in respect of the property situate at Survey Nos. 560/1 and 2 measuring an extent of 67 cents situate in Mangadu Town Panchayat, Kancheepuram District.

For Petitioner:Mr.T.T.Ravichandran For Respondent:Mr.M.Mohamed Riyaz (For R1 & R2) Additional Public Prosecutor Mr. G.Mohamed Aseef(For R3)

O R D E R

This Criminal Original petition has been filed for a direction to the respondent police to take action against the 3rd respondent and his men and agents, who are alleged to be indulging in acts of land grabbing.

2.

It is seen from records that already an order was passed in Crl.OP No.22036 of 2017, dated 25.10.2017, directing the 1st respondent to act upon the complaint given by the petitioner and register an F.I.R, if it makes out a cognizable offence. The grievance of the petitioner is that inspite of direction issued by this Court, no action has been taken by the 1st respondent till date and the 3rd respondent emboldened by such in action, is continuing to indulge in illegal activities by engaging the services of some outsiders, who are claiming themselves to be advocates. Left with no other option, the present petition has been filed before this Court. 3.

Heard the learned counsel for the petitioner. 4.

The learned Additional Public Prosecutor submitted that pursuant to the orders passed by this Court on 25.10.2017, the parties were not called for an enquiry and the complaint was closed on 17.11.2017 and the parties were directed to approach the Civil Court, since there is a pending suit in O.S.No.143 of 2017 filed by the 3rd respondent.

5.

In view of the above, the relief claimed by the petitioner cannot be granted by this Court and the petitioner will have to necessarily work out his remedy only before the Competent Civil Court and the respondent police shall furnish a copy of the closure report to the petitioner. Except giving this liberty, no further orders can be passed in this criminal Original petition and accordingly, this Criminal Original petition is disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rka To

1. The Inspector of Police T-13, Poonamallee Police Station Poonamallee, Thiruvallur District.

2. The Inspector of Police Mangadu Police Station Mangadu Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21468 of 2018 LN(CO) SP(05/02/2021)