S.Saravanan, M/A 45 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.19258 of 2018 S. Saravanan Petitioner vs.

State represented by the Inspector of Police Auroville Police Station Villupuram District Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent to give necessary police protection to the petitioner's property in Survey No.426/c, 426/1c1, 426/1c2, 426/1c3, 426/1c4, 426/1c5 and 426/1c6 to an extent of 8.17 acres of land.

For petitioner Mr. N. Surya Senthil For respondent Ms. M. Prabhavathi Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been preferred seeking to a direction to the respondent to give necessary police protection to the petitioner's property in Survey No.426/c, 426/1c1, 426/1c2, 426/1c3, 426/1c4, 426/1c5 and 426/1c6 to an extent of 8.17 acres of land.

Today, Mr. V. Karunakaran, Head Constable, Auroville Police Station, is present.

On instructions, the learned Additional Public Prosecutor submitted that the petitioner gave a complaint in C.S.R. No.209 of 2018 alleging that Kanniappan, Aadhi and Sathyamurthy of Auroville Foundation are trying to grab the petitioner's property and that on 18.05.2018, around 11 a.m., they trespassed into the land and quarrelled with the petitioner; on this complaint, a petition enquiry was conducted and the same has been closed on the ground that a suit in O.S. No.87 of 2009 is pending between the parties and that the petitioner gave a letter dated 18.05.2018 to the police stating https://hcservices.ecourts.gov.in/hcservices/

that he would work out his remedies before the Civil Court. A copy of the closure report and the letter dated 18.05.2018 given by the petitioner is furnished to the learned counsel for the petitioner.

In view of the above, this Court cannot give any finding on the civil rights of the parties in a petition under Section 482 Cr.P.C. It is for the Civil Court to determine the said rights.

Therefore, this Criminal Original Petition stands closed with a direction to the police to ensure that there is no law and order problem in that area.

Sd/- Assistant Registrar(CS VI) //True copy// Sub Assistant Registrar cad To The Inspector of Police, Auroville Police Station Villupuram District The Public Prosecutor Madras High Court, Chennai 600 104 Crl.O.P. No.19258 of 2018 GP(CO) GN(27/08/2018) https://hcservices.ecourts.gov.in/hcservices/