Madras High CourtCRL OP/10239/2022dismissed

K.Pazhaniyammal v. State Rep By Its

2022-06-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.10239 of 2022 K.Pazhaniyammal, W/o. Late Kuppan ... Petitioner

Versus

1.State rep. by its The District Superintendent of Police, O/o. District Superintendent of Police, Tiruppur, Tiruppur Dt.

2.The Deputy Superintendent of Police, Deputy Superintendent Office, Dharapuram Division, Tiruppur Dt.

3.The Inspector of Police, Dharapuram Police Station Tiruppur District.

4.Rajamani, S/o. Muthusamy Gounder, 5.M.Nazrudeen S/o. Mohammed Ibrahim ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to give police protection to petitioner to enter in her Assignment lands situated at Chitharavuthanpalayam Village, Dharapuram Taluk, comprising in Survey No.155/3, New R.S.No.84/3, having extent of 1.26 acre and land comprising in Survey No.155/4, New R.S.No.84/4 having extent of 1.49 acre, totally an extent of 2.75 acre.

For Petitioner :

Mr.J.Jayan For Respondents :

Mr.A.Gokulakrishnan, Addl. Public Prosecutor for R1 to R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Criminal Original Petition has been filed seeking a direction directing the 3rd respondent to give police protection to the petitioner to enter in her assignment lands.

2. Such direction for police protection is sought on the ground that the petitioner is in possession of assigned lands. The learned Addl. Public Prosecutor appearing for respondents 1 to 3 would submit that there is a rival claim over the land.

3. Such being the position, blanket order to give police protection cannot be granted. It is for the petitioner to establish her right over the land through the civil court and thereafter, she can seek necessary assistance in the form of police protection even in the civil court. In such view of the matter, the police protection cannot be granted at this stage. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar rpp To

1. The District Superintendent of Police, State, O/o. District Superintendent of Police, Tiruppur, Tiruppur Dt.

2. The Deputy Superintendent of Police, Deputy Superintendent Office, Dharapuram Division, Tiruppur Dt.

3. The Inspector of Police, Dharapuram Police Station Tiruppur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate SR. No. 32175 CRL.O.P.No.10239 of 2022 GPL (CO) PR (14/06/2022) https://hcservices.ecourts.gov.in/hcservices/