G.Subramani v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.7878 of 2024 G.Subramani

...Petitioner

-Vs1. The Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Manavala Nagar Police Station, Thiruvallur District.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to give protection to survey the petitioner's land comprised in Old S.No.288/IA2, New S.No.288/IA2B ad-measuring Acre 0.04 cents and land in survey No.288/6 admeasuring 0.02 1⁄2 cents both situated at Vengathur, Thiruvallur Taluk and District by considering the petitioner's representation dated 13.01.2024.

For Petitioner : Mr.S.P.Meenakshi Sundaram

ORDER

This Criminal Original Petition has been filed seeking for police protection to direct the respondents to give protection to survey the petitioner's land comprised in Old S.No.288/IA2, New S.No.288/IA2B ad-measuring Acre 0.04 cents and land in survey No.288/6 admeasuring

0.02 1⁄2 cents both situated at Vengathur, Thiruvallur Taluk and District by considering the petitioner's representation dated 13.01.2024.

2. Heard, the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing on behalf of the respondents.

3. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the aforesaid land and he has also obtained patta for the aforesaid land and he is in continuous and uninterrupted possession of the said property. For surveying the land, the petitioner has submitted application to the Tahsildar on 29.11.2023 and he has paid the necessary charges also. When the Surveyor came to survey the land on 12.01.2024, one Mahalingam, who is the adjacent land owner, interrupted to survey the property of the petitioner. Hence, the petitioner sent a representation to the respondents on 13.01.2024 to provide police protection. But the respondent police failed to do so. Hence, the petitioner has filed this petition before this Court.

4. The relief sought for by the petitioner cannot be granted by this Court and the petitioner has to necessarily work out his remedy only before the competent Civil Court. It has been repeatedly held by this

Court that police protection cannot be ordered in cases involving property dispute and such disputes will have to be resolved only before a competent Civil Court.

5. Accordingly, the Criminal Original Petition stands dismissed. However, liberty is granted to the petitioner to work out his remedy in the manner known to law.

01.04.2024 rli Index : Yes/No Internet : Yes/No To

1. The Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Manavala Nagar Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

M.DHANDAPANI, J.

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Crl.O.P.No.7878 of 2024 01.04.2024