T.M.Santhanagopal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17778 of 2020 in Crl.MP.No.8837 of 2020 T.M. Santhanagopal ... Petitioner Vs.

1. The Inspector of Police Tharamangalam Police Station Tharamangalam Salem District.

2. Mariyappan S/o.Late Sevi Gounder 5th Ward, Anai Goundar Valavu Tharamangalam Village Omalur Taluk Salem District.

(Impleaded as per order dated 05.01.2021 in Crl. M.P. No. 8837 of 2020 in Crl.O.P.

No. 17778 of 2020) ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction directing the respondent herein to give police protection to the Petitioner while fencing his property in Old S.F. No.235/1 and New S.F. No. 236/1L and Old S.F. No. 236/1 and New S.F. No. 236/1G situated at Tharamangalam Village, Omalur Taluk, Salem District on the basis of Petitioner's complaint dated 17.10.2020.

For Petitioners: Mr.R.Marudhachalamurthy For Respondents: Mr.M.Mohamed Riyaz - R1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for police protection on the ground that this petitioner wants to fence the property.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.R.Marudhachalamurthy, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor, appearing on behalf of first respondent.

3. The relief sought for by the petitioner cannot be granted by this Court and the petitioner has to necessarily work out his remedy only before the competent Civil Court. It has been repeatedly held by this Court that police protection cannot be ordered in cases involving property dispute and such disputes will have to be resolved only before a competent Civil Court.

4. In the result, this Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rli To

1. The Inspector of Police, Tharamangalam Police Station, Tharamangalam, Salem District.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

+1cc to Mr.R.Marudhachalamurthy, Advocate Sr.322 Crl.O.P.No.17778 of 2020 in Crl.MP.No.8837 of 2020 um[co] srg 11/02/2021 https://hcservices.ecourts.gov.in/hcservices/