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Madras High CourtCRL OP/20359/2020dismissed

M/S.A.P.Gajendhar Kumar v. The Inspector Of Police

2022-06-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.20359 OF 2020 A.P.Gejendhar Kumar ... Petitioner .Vs.

1. The Inspector of Police, Coonor Police Station, Coonor, Nilagiri District.

2. R.Latha ... Respondents PRAYER:- Criminal Original Petition filed under section 482 of Criminal Procedure Code, to issue direction to the first respondent to give police protection for smooth and convenient enjoyment of the petitioner's properties measuring an extent of 1308 Sq.Ft. (House Site) comprised in Old No.2436, T.S.No.C/2/198, present T.S.No.C/2/198/1A1 situated at Stanly Park, Ottupattarai Post, Coonor, Nilagiri District by taking action on his complaint dated 23.11.2020.

For Petitioner :

Mr.M.Ramesh For R1 : Mr.A.Gopinath Government Advocate (Criminal Side) For R2 :

Mr.Arun Anbumani For Mr.M.Raja Sekhar

O R D E R

This petition has been filed to issue direction to the first respondent to give police protection for smooth and convenient enjoyment of the petitioner's properties measuring an extent of 1308 Sq.Ft. (House Site) comprised in Old No.2436, T.S.No.C/2/198, present T.S.No.C/2/198/1A1 situated at Stanly

Park, Ottupattarai Post, Coonor, Nilagiri District by taking action on his complaint dated 23.11.2020.

2. It is seen that the petitioner purchased the property from the second respondent in respect of 120 sq.ft. There is a dispute between them. In this regard, the petitioner also filed a suit in O.S.No.5 of 2021 on the file of the District Munsif Court, Coonor and it is pending. Therefore, the prayer sought for in this petition cannot be considered for police protection to enjoy the subject property, when the suit is pending.

3. Therefore, this petition is devoid of merits and this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mn/cda To 1.

The Inspector of Police, Coonor Police Station, Coonor, Nilagiri District.

2.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Saravanan, Advocate, S.R.No.39439 +1cc to Mr.M.Raja Sekhar, Advocate, S.R.No.38767 CRL.O.P.NO.20359 OF 2020 SR(CO) PBS/11/07/2022