M.Bhuvaneswari v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.10408 of 2024 1.M.Buvaneswari 2.Kailasam ... Petitioners Vs.

1. The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

3.The Inspector of Police Pappireddipatti Police Station, Pappireddipatti Dharmapuri District. ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioners under the guise of enquiry.

For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein claiming to be the resident of Fishermen Welfare Society alleging that the police is harassing them based on the complaint given by one Vadivelu is before this Court for a direction to the respondent not to harass them.

2. The learned Government Advocate (Crl.Side) submits that regarding the fishing right in the Vaniyar Reservoir was a dispute leading to filing of writ petition in W.P.No.32947 of 2022 seeking police protection to the then leaseholders . The lease period has come to end by March 2023. Thereafter, Vadivelu and others a successful bidder failed to pay the bidding amount. In such circumstances, it is alleged that the police is calling the petitioners to settle the dispute.

3. The learned Government Advocate (Crl.Side) states that based on the complaint given by Vadivelu was registered as C.S.R.No.79 of 2024. Enquiry was conducted and closed on 23.02.2024 and there is no truth in the allegations that police is harassing the petitioners. 2/4

4. In the light of the above facts, this Court is of the view that if at all there is any dispute regarding the fishing right, the parties are directed to work out their remedy before the competent Civil Court and they cannot short circuit the process by filing petition seeking police protection or alleging police is harassing them to make the police get involved in a purely civil dispute. Hence, this Criminal Original Petition is dismissed.

29.04.2024 Vv To

1. The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

3.The Inspector of Police Pappireddipatti Police Station, Pappireddipatti Dharmapuri District.

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

3/4

Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.10408 of 2024 29.04.2024 4/4