Madras High CourtCRL OP/23869/2022closed

V.Kandasamy v. The Superintendent Of Police

2022-10-12Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.23869 of 2022 V. Kandasamy ...

Petitioner /vs/

1. The Superintendent of Police, Erode, Erode District.

2. The Inspector of Police, Kodumudi Police Station, Erode District

3. The Sub Inspector of Police, Sivagiri Police Station, Erode District.

4. Ambika

5. M.Nagamani@ Valliyammal ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the 2nd and 3rd respondents to grant police protection to the petitioner to enjoy his property in Vilakethi Village, Erode District and to undertake cultivation of petitioner's land for livelihood by considering petitioner's representations dated 02.05.2022 and 23.5.2022. For Petitioner ... Mr. P. Kannan Kumar For Respondents ... Mr.E.Raj Thilak, APP - R1 to R3

ORDER

This Criminal Original Petition has been filed to direct the 2nd and 3rd respondents to grant police protection to the petitioner to enjoy his property in Vilakethi Village, Erode District and to undertake cultivation of petitioner's land for livelihood by considering petitioner's representations dated 02.05.2022 and 23.5.2022.

2. The learned counsel for the petitioner submitted that the petitioner has obtained permanent injunction in favour of him against the 4th and 5th respondents in respect of a property in dispute situate at Vilakethi Village between the petitioner and the respondents 4 and 5 in O.S.No.32 of 2015 from the District Munsif Court, Erode. However, inspite of the same, the respondents are causing disturbance to the petitioner from doing his agricultural activities in the land in dispute. Therefore he gave representations dated 02.05.2022 and 23.5.2022 to the respondent police, but till date, no action has been taken by the respondents 1 and 2. Thus he prayed for directing the 2nd and 3rd respondents to render police protection to the petitioner enabling him to do cultivation in his land.

3. When the matter was taken up for consideration, the learned Addl. Public Prosecutor submitted that while conducting enquiry on the complaint received from the petitioner, since the petitioner admitted that he will work out his remedy before the competent Civil Court, the case has been closed as the dispute is of civil in nature.

4. Recording the submission of the learned Addl. Public Prosecutor, this Criminal Original Petition stands closed. 12.10.2022 msr Index;yes/no Internet:yes/no To

1. The Superintendent of Police, Erode, Erode District.

2. The Inspector of Police, Kodumudi Police Station, Erode District 3.The Sub Inspector of Police, Sivagiri Police Station, Erode District.

4. The Public Prosecutor, High Court, Madras.

V. SIVAGNANAM, J.

msr Crl.O.P.No.23869 of 2022 12.10.2022