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Madras High CourtCRL OP/21990/2018disposed of

S.A.Kumar, 58 Years/2018 v. The Inspector Of Police,

2021-09-02Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.21990 of 2018 S.A.Kumar ..Petitioner Vs.

1. The Inspector of Police, Annadanapatty Police Station, Salem.

2. M.Gunasekaran

3. V.Balamurugan

4. The Commissioner of Police, Salem City, Annadanapatty, Salem-2.

..Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to directing the respondents 2 & 3 to remove the fence in the disputed property under the supervision of the first respondent and to direct the first respondent to evict the respondents 2 and 3 from the disputed property.

For Petitioner : Mr.N.Ramesh For Mr.G.R.Hari For Respondent : Mr.C.E.Pradap For R1 & R4 Government Advocate Mr.V.Raghavachari For R2 Mr. AvinashWadhani For R3

O R D E R

This petition has been filed to direct the respondents 2 & 3 to remove the fence in the disputed property.

2. Heard the learned counsel for the petitioner as well as the respondents 2 & 3 and also the learned Government Advocate.

3. It is submitted that a partition suit in OS.No.340 of 2017 filed before the learned District Judge, Salem in relation to the subject property and the same is pending. Hence, the https://hcservices.ecourts.gov.in/hcservices/

prayer sought for the in present petition cannot be granted. Therefore, the parties are directed to work out their remedy before the competent Civil Court where the suit is pending.

4. With the above direction, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar rli To

1. The District Judge, Salem

2. The Inspector of Police, Annadanapatty Police Station, Salem.

3. The Commissioner of Police, Salem City, Annadanapatty, Salem-2.

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

+2 Ccs to Mr.V.Raghavachari, Advocate sr 44200, 44481 +2 Ccs to Mr.Sujai Prasanna, Advocate sr 44325. Crl.O.P.No.21990 of 2018 MG(CO) SP(22/10/2021) https://hcservices.ecourts.gov.in/hcservices/