N.Muthu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9810 of 2020 N. Muthu, S/o.Mr. Nallakali Gounder, M.Kalipatti Village, Mecheri, Mettur Taluk, Salem District ... Petitioner /vs/ 1.The Superintendent of Police, Salem District, Salem.

2.The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

3.N. Govindan, S/o. Mr. Nallakali Gounder, M. Kalipatti Village, Mecheri, Mettur Taluk, Salem District.

4.G. Selvaraj, S/o. Mr. N.Govindan, M.Kalipatti Village, Mecheri, Mettur Taluk, Salem District.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to direct the 2nd respondent police to provide police protection to the petitioner and his workmen during the fencing work at his lands in S.Nos.47A/2A3, 48/2A, 48/2C, 47A/2A4 and 47A/1A, situated at M.Kalipatti Village, Mettur Taluk, Salem District based on the petitioner's application dated 10.03.2020.

For Petitioner : Mr. M.R.Jothimanian For respondents : Mr. Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents police to give police protection for fencing work at his lands in S.Nos.47A/2A3, 48/2A, 48/2C, 47A/2A4 and 47A/1A, situated at M.Kalipatti Village, Mettur Taluk, Salem District.

2.

The learned counsel for the petitioner would submit that there is a land dispute between the petitioners and the respondents 3 and 4. In this regard, the petitioner had filed a suit in O.S.No.142 of 2013 before the learned District Munsiff, Mettur for declaration and injunction and the same was decreed in his favour on 16.06.2017. Against which, the respondents 3 and 4 herein had filed an appeal before the Sub-Judge, Mettur in A.S.No.38 of 2017 and the same was also dismissed on 15.11.2019. While being so, again the respondents 3 and 4 trespassing into the petitioner's land while fencing their land. In this regard, the petitioner lodged a complaint on 10.03.2020 with the second respondent. Since the same was not considered, this petition has been filed seeking for appropriate direction.

3. The learned Additional Public Prosecutor would submit that the respondent police cannot give police protection in a case of this nature, since, admittedly, it is civil in nature.

4. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police.

5. Considering the above circumstances, without going into the merits of the case, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioner on 10.03.2020 after issuing notice to the petitioner as well as the respondents 3 and 4 herein and also after affording opportunity of hearing and pass suitable orders on merits and in accordance with law.

6. With the above directions, this Criminal Original Petition is disposed of.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

mrp To

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

2. The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9810 of 2020 VGII(CO) SP(14/07/2020)