N.A.Ananth, Aged 80 Years, v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.09.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.21760 of 2018 N.A.Ananth
...Petitioner
Vs.
1.The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.The Deputy Superintendent of Police, Denkanikottai Taluk, Krishnagiri District.
3.The Inspector of Police, Kelamangalam Police Station, Kelamangalam.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to provide Police protection to the petitioners land in S.No.200 of Gummalapuram Village, Denkanikottai Taluk, Krishnagiri District and the standing crops therein.
For Petitioner : Mr.M.Selvam For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor
ORDER
This petition has been filed to direct the third respondent to give police protection to the petitioner's land situated in Survey No.200 of Gummalapuram Village,Denkanikottai Taluk, Krishnagiri District.
2. The learned counsel for the petitioner has submitted that the petitioner is the owner of the land measuring about
four acres situated in Survey No.200 of Gummalapuram Village,Denkanikottai Taluk, Krishnagiri District. He further submitted that the petitioner has raised crops in his land. The legal heirs of one Kottappa namely Nanjamma, Yogi and Mahesh have engaged rowdy elements and they are preventing the petitioner from cultivating his land and hence the petitioner has lodged the complaint before the second respondent on 01.08.2018, but no action has been taken and hence he requests to direct the third respondent to give police protection to the petitioner's land and the standing crops in the land.
3. The learned Additional Public Prosecutor has submitted that so far, the second respondent has not received any complaint from the petitioner, for seeking police protection. She further submitted that since the dispute is relating to civil, the petitioner has to approach the Civil Court and obtain necessary orders.
4. The averments made in the petition shows that the dispute is civil in nature. So, the petitioner has to approach the Civil Court and get injunction to restrain the aforesaid persons from interfering with peaceful possession and enjoyment of his property. If any such order is granted, then, he can file a petition under Section 151 of C.P.C before the same court to grant police protection to enforce the injunction order. When alternative remedy is available, this Court cannot grant police protection in the civil dispute by invoking Section 482 of Cr.P.C.
4. In the result, this petition is dismissed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vv To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.The Deputy Superintendent of Police, Denkanikottai Taluk, Krishnagiri District.
3.The Inspector of Police, Kelamangalam Police Station, Kelamangalam.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Selvam, Advocate, S.R.No.62502 Crl.OP.No.21760 of 2018 KJI(CO) GSP(17/10/2018)