Saritha v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Saritha ....
Petitioner Vs
1. The Superintendent of Police Villupuram District.
2. The Inspector of Police Villupuram Town Police Station, Villupuram.
3. Annamalai Achari ....
Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the 2nd respondent to give police protection to demolish building (dilapidated condition) as per order of Municipality Commissioner, Villupuram, by considering petitioner's representation dated 16.04.2023 .
For Petitioner : Mr.K.Sudhakar For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl.Side) For R3 : Mr.N.Suresh
O R D E R
This Criminal Original Petition has been filed seeking police protection to demolish the building as per the permission granted by the Municipality Commissioner, Villupuram.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is the landlord and the third respondent is the tenant. The premises owned by the petitioner was leased out in favour of the third respondent. However, there is a landlord and tenant dispute regarding the demolition of the building, which has been permitted by the Municipality Commissioner due to its dilapidated condition. That apart, a suit is pending between the petitioner and the third respondent in O.S.No.35 of 2022 on the file of the District Munsif Court, Villupuram.
4. In view of the above, police protection cannot be granted to the petitioner, that too, for the demolition of the premises, which is occupied by the third respondent. Accordingly, this Criminal Original Petition
stands dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief.
05.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To
1. The Superintendent of Police Villupuram District.
2. The Inspector of Police Villupuram Town Police Station, Villupuram.
3.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No. 9053 of 2023 05.02.2025