S.Varadharaj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.08.2024 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN S.Varadharaj.

... Petitioner /versus/

1. The Superintendent of Police, Kanchipuram District.

2. The Inspector of Police, G4, Uthiramerur Police Station, Uthiramerur.

Kanchipuram District.

3. S.Shanmugam.

... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 & 2 herein to provide adequate police protection to the life and limb of the petitioner and for agricultural works in the lands comprised in Survey No.32/2 at Sethupattu Village, Uthiramerur Taluk, Kanchipuram District by considering his representation dated 16.05.2024 within the time stipulated by this Hon'ble Court. Page No.1/5

For Petitioner : Mr.D.Murthy For R1 & R2 : Mr.S.Udaya Kumar, Government Advocate (Crl.Side) For R3 : No appearance

O R D E R

The Criminal Original Petition is filed seeking police protection to drew water from the common well.

2. Relying upon the compromise decree passed in O.S.No.12 of 2019 between the petitioner and his brother Shanmugam. The petitioner claims right to draw water from the well using the motor pump. However, the said Shanmugam had prevented the petitioner herein from drawing water on the premise that the petitioner has not paid his share amount of Rs.3500/- to meet out the repair work of the electric board.

3. The Learned Counsel for the petitioner states that on 18.06.2024 he gave a complaint against the 3rd respondent/Shanmugam for not obeying the Page No.2/5

compromise decree and same is pending.

4. The Learned Government Advocate (Crl.Side) for the respondents 1 & 2 states that based on the complaint registered in C.S.R.No.336/2024, the said Shanmugam/3rd respondent was called and he has stated that Thiru.S.Varadharaj, the petitioner herein failed to pay Rs.3500/- being the share amount to maintain the electric circuit board and motor. Therefore, he locked the motor room. But the petitioner and his son break open the lock and continue to draw water from the well.

5. The Government Advocate (Crl.Side) for the respondents 1 & 2 states that being three shares in the well, drawing water for two days each in a week. There is no necessity to provide any police protection since the parties have settled the dispute among themselves amicably.

6. Recording the same, this Criminal Original Petition is dismissed. 07.08.2024 Index :Yes/No.

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Internet :Yes/No.

bsm Dr.G.JAYACHANDRAN, J.

bsm Copy to:-

1. The Superintendent of Police, Kanchipuram District.

2. The Inspector of Police, G4, Uthiramerur Police Station, Uthiramerur. Kanchipuram District.

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