P.Matharasi Sathyapriya v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19538 of 2020 P.MATHARASI SATHYAPRIYA

...Petitioner

Vs.

1 THE SUPERINTENDENT OF POLICE THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE KRISHNAGIRI.

2 THE INSPECTOR OF POLICE THE INSPECTOR OF POLICE HUDCO POLICE STATION HOSUR, KRISHNAGIRI.

3 V.LOKESH 4 SULOCHANA

...Respondents

This Criminal Original Petition is filed under Section 482 Cr.P.C. to pass an order of direction directing the 2nd respondent to give police protection to construct the compound wall of the petitioner's remaining area and the property situated at (its Survey No.826/6 and Dry Ext.Hec.0.73.0, Asst. Rs.0.47. In Ac.1.80, in this an extent of Ac.0.43 1/2 (Or) 18,966 sq.ft, as per now Sub-Division in Patta No.795, Survey No.826/6a, Dry Ext, Hec. 0.71.61, Asst Rs.0.45, in this part an Extent of 5.02 Cents (or) 2187.50 sq.ft only in bounded areas as follows: East : remaining land of the vendor, West : 20 ft road, North : 20 ft, South : Gramanatham (vacant land in possession of the purchaser).

For Petitioner : Mr.K.Nagarajan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for police protection based on the complaint given by the petitioner on 19.10.2020.

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

2.

It is seen from records that the petitioner wanted to construct a compound wall and the same was objected by the third and fourth respondent. Hence, police protection has been sought for against them to enable the petitioner to put up the compound wall.

3.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2.

4.

It has been time and again held by this Court that police protection cannot be granted in case of property disputes and the parties will have to be necessarily directed only to approach the competent Civil Court and seek for the remedy. Useful reference can be made to the Judgment of this Court in "Church of South India - Madras Diocese, R.K.Pet Pastorate, rep. by its Presbyter-in-charge ..vs.. The State, rep. By Inspector of Police" reported in 2009 (2) MLJ Crl.1009. 5.

In view of the above, this Court is not inclined to grant the relief sought for by the petitioner and it is left open to the petitioner to approach the competent Civil Court and seek for appropriate remedy.

6.

This Criminal Original Petition is accordingly disposed of.

Sd/- Assistant Registrar //True Copy// MRA Sub Assistant Registrar To

1. THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE KRISHNAGIRI.

2. THE INSPECTOR OF POLICE HUDCO POLICE STATION HOSUR, KRISHNAGIRI.

3.

THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

Crl.O.P.No.19538 of 2020 JP(CO) rv(11/02/2021) https://hcservices.ecourts.gov.in/hcservices/