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Madras High CourtCRL OP/9133/2015closed

P.Balashanmugam v. State Of Tamil Nadu Rep. By

2015-06-17Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9133 of 2015 P.Balashanmugam .. Petitioner Vs State of Tamil Nadu, Rep by.

The Inspector of Police (L&O) J-9, Thoraipakkam Police Station, Chennai-600 097.

.. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent Police to register the complaint of the petitioner dated 20.02.2015 lodged with the respondent Police and investigate the same in accordance with law. For Petitioner :Mr.Ganesan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to direct the respondent Police to register the complaint of the petitioner dated 20.02.2015 lodged with the respondent Police and investigate the same in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. It is seen that the petitioner is claiming ownership of the land of 308 sq.ft., over which it is alleged that the Corporation has built a tar road. In this regard, the Tahsildar has conducted an enquiry and submitted a report in which, he has stated that the parties have to establish their rights before the Civil Court by filing an appropriate suit.

4. The learned counsel for the petitioner submitted that Corporation has illegally demolished the compound wall that was built by the petitioner, adjoining the road. But on a reading of the Tahsildar's report, there is no reference to the presence of the compound wall in that area and only after Tahsildar's order, the compound wall, which is said to be demolished by the Corporation, appears to have been constructed. The Tahsildar has directed the party to approach the Civil Court for establishing his rights. Therefore, the petitioner ought to have approached the Civil Court.

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5.In the meantime, the Police have conducted an enquiry and closed the same as civil in nature and the copy of the closure report is furnished to the learned counsel for the petitioner. 6.The learned counsel for the petitioner submits that the petitioner was never called for enquiry and a report has been given by the Police about which he is aggrieved. Hence, the copy of the closure report is furnished to the learned counsel for the petitioner across the bar.

7.With the above observation, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.State of Tamil Nadu, Rep by.

The Inspector of Police (L&O) J-9, Thoraipakkam Police Station, Chennai-600 097.

2. The Public Prosecutor High Court, Madras.

Sv(co) krd 26/6 Crl.OP No.9133 of 2015 https://hcservices.ecourts.gov.in/hcservices/