V.Adhi Narayanan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13545 of 2020 Adhi Narayanan, M/44, S/o.Chinnaya, Owner of M/s.Swetha Foundation, No.58, F 1, Swetha Homes, Ekambaram Iyer Street, Venkatapuram, Ambattur, Chennai 600 053.

...Petitioner

Vs.

1. The Inspector of Police, K-8, Police Station, Chennai- 600 106.

2. C.Balaji, New No.944, 946, Old No.554, 555, Poonamalle High Road, Arumbakkam, Chennai 600 106.

3. C.Prabhakaran, New No.944, 946, Old No.554, 555, Poonamalle High Road, Arumbakkam, Chennai 600 106.

4. Keerthana, New No.944, 946, Old No.554, 555, Poonamalle High Road, Arumbakkam, Chennai 600 106.

5. Sowroopa, New No.944, 946, Old No.554, 555, Poonamalle High Road, Arumbakkam, Chennai 600 106.

... Respondents

Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, praying to direct the respondent police herein to give police protection for the petitioner to complete the construction work at the property in New No.944, 946, Old No.554,555, Poonamalle High Road, Arumbakkam, Chennai 600 106 by considering his representation dated 17.02.2020. For Petitioner : Mr.S.Karthiyayini Senthilvel For R1 : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to direct the respondent police herein to give police protection for the petitioner to complete the construction work at the property in New No.944, 946, Old No.554,555, Poonamalle High Road, Arumbakkam, Chennai 600 106 by considering his representation dated 17.02.2020.

2.The learned counsel appearing for the petitioner would submit that the petitioner is having property construction business in the name and style of ''M/s. Swetha Foundation''. The petitioner entered with a joint venture agreement with the owner of the property. While the construction is in progress, the owner of the property sold out some of the flats to other persons, without knowledge of the petitioner herein. Now, the purchasers of respective flat are objecting the construction put up by the petitioner as per the joint venture agreement. Therefore, the petitioner sought for police protection. 3.The learned Additional Public Prosecutor appearing for the first respondent would submit that infact, the petitioner already lodged a complaint and after conducting enquiry, the complaint has been closed by the respondent police as ''civil in nature''. Again, the petitioner has lodged a complaint by the very same relief.

4.Considering the above submission made by either side, even according to the petitioner there is a dispute between the petitioner and owners of the property in respect of selling flats. Therefore, the petitioner is at liberty to approach the appropriate Court with appropriate relief order the civil law. 5.With the above direction, this Criminal Original Petition is dismissed as devoid of merits.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Inspector of Police, K-8, Police Station, Chennai- 600 106.

2. The Public Prosecutor High Court, Madras.

Crl.O.P.No.13545 of 2020 AK(CO) RV(16/10/2020)