Madras High CourtCRL OP/19461/2018dismissed

T.Rajendran, Aged 63 Years, v. The State

2018-11-28Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19461 of 2018 T.Rajendran ... Petitioner Vs.

1.State Rep. by the Inspector of Police, Mangalamedu Police Station, Perambalur District.

2.Mrs.Chinnammal ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent herein to give police protection for the petitioner Patta land in Survey Nos.121/3A2 and 121/4B1B measuring about acre 1.59 cents by considering the representation dated 27.07.2018.

For Petitioner : Mr.T.Dharani For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.S.Ganesh for R2

ORDER

This Criminal Original Petition has been filed seeking for police protection for the petitioner and his property. 2.It is seen from the records that there is a suit pending in O.S.No.322 of 1999 before the District Munsif Court, Perambalur and this petitioner is the sixth defendant in the said suit.

3.According to the learned counsel for the petitioner, the petitioner was constructing a small house in the property and one Kamakshi and others trespassed into the property and have caused threat to the petitioner and it is the said Kamakshi, who has filed the civil suit and the same is pending in O.S.No.322 of 1999.

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4.The relief sought for by the petitioner cannot be granted by this Court and the Police cannot interfere in a dispute of this nature. The petitioner has to necessarily work out his remedy only before the competent Civil Court. 5.In the result, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy before the competent Civil Court.

Sd/- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar kal To 1.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2.The Public Prosecutor, High Court, Madras.

+1CC to M/s.S.Ganesh, Advocate SR No.81844 +1CC to M/s.T.Dharani, Advocate SR No.82161 Crl.O.P.No.19461 of 2018 sv(co) ssm (14/12/2018) https://hcservices.ecourts.gov.in/hcservices/