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Madras High CourtCRL OP/9677/2018closed

S.Raja @ Palaniandi, v. The Union Teritorry Of

2018-04-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No. 9677 of 2018 S. Raja @ Palaniandi ... Petitioner Vs.

The Union Territory of Puducherry rep. by The Station House Office Lawspet Police Station Puducherry.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent police to provide appropriate police protection to the petitioner for levelling the land and pass such further orders. For Petitioner : Mr. V.S. Senthil Kumar For Respondent : Mr. Bharath Chakravarthy Public Prosecutor (Pondy)

ORDER

The relief sought for in this petition is to direct the respondent police to provide appropriate police protection to the petitioner for leveling the land.

2. There appears to be a dispute. It is the case of the petitioner that he is the owner of certain property in Pondicherry and when he wanted to develop the property he is being prevented by one Ramesh and Velmurugan. Hence, the petitioner has given a complaint dated 15.03.2018 and thereafter have filed this petition, with the above prayer.

3. Heard Mr. V.S. Senthil Kumar, learned counsel for the petitioner and Mr. Bharathchakravarthy, learned Public Prosecutor (Puducherry) for the respondent.

4. Learned Public Prosecutor (Puducherry) submitted that the property belongs to one Padmini Chandrasekaran and everyone is trying to set claim of the said property.

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5. In such view of the matter, in the petition filed under Section 482 CrPC, this Court can neither decide the title of the property nor decide as to who is in possession of the property. Hence, this Court cannot accede to the prayer of the petitioner. However, the respondent Police is directed to ensure that there is no law and order problem and if there is commission of any cognizable offence, the same shall be dealt with, in accordance with law.

6. With the above directions, the petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar avr To

1. The Station House Office The Union Territory of Puducherry Lawspet Police Station Puducherry.

2. The Public Prosecutor, Puducherry Madras High Court, Chennai.

Crl.O.P.No. 9677 of 2018 KAN(CO) TR(17/05/2018) https://hcservices.ecourts.gov.in/hcservices/