Krishnamoorthy v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:07.08.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Krishnamoorthy .. Petitioner /versus/ 1.State rep.by Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Chennai.

2.V.Ganesh Kumar ..

Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the 1st respondent Inspector of Police S-15, Selaiyur Police Station, Chennai District, to provide adequate police protection to the petitioner based on the complaint dated 02.04.2024. For Petitioner :Mr.S.Suresh For R1 :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side) For R2 "Mr.S.Anol Sandeep ---------- 1/4

ORDER

Claiming right over S.No.33/3 and 33/4 at Kaspaburam Village, Tambaram Circle, the petitioner herein has given a complaint on 02.04.2024 to the Inspector, Selaiyur, alleging that one Ganeshkumar and his henchmen trying to grab the land of the complainant. After giving this complaint, he has approached this Court by filing a petition under Setion 482 of Cr.P.C.

2. On notice, the learned Government Advocate (Crl.Side) collected CD file and submitted that for the very same property, both Krishnamoorthy, the petitioner herein and Ganeshkumar claiming right. That was enquired and the petitioner has given an undertaking that he will workout his remedy before the Civil Court. Likewise, Ganeshkumar is the owner of the property in S.No.33/3 and 33/4 by a valid sale deed executed in his favour in the year 2013 and he has fenced the property. While so, Krishnamoorthy, the petitioner had without his permission attempted to grab major portion of his land and therefore, he has objected, but the petitioner has not threatened him as alleged in the 2/4

complaint. Therefore, the police intends to close the complaint due to pendency of the original petition and they have not given quietus to the complaint.

3. The learned counsel appearing for the petitioner as well as the second respondent are present. It is stated that if it is a civil dispute, then they will work out their remedy before the Civil Court. 4.Recording the same, this Criminal Original Petition is dismissed directing the petitioner herein to seek remedy before appropriate Civil Court.

07.08.2024 Index:yes/no ari To:

1.The Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Chennai.

2.The Public Prosecutor, High Court,Madras.

3/4

DR.G.JAYACHANDRAN,J.

ari 07.08.2024 4/4