P.Anbarasan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2022 CORAM :

THE HONOURABLE Ms. JUSTICE R.N.MANJULA P.Anbarasan ... Petitioner Vs The Inspector of Police T-11 Police Station Thiruninravur Thiruvallur-602 024.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to protect the petitioner's life and property from the landlord and his persons by considering the police complaint dated 22.10.2022 in C.S.R No.627 of 2022. For Petitioner : Mr.M.Samuelraja For Respondent : Mr.S.Santhosh Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed, seeking a direction to the respondent police to protect the petitioner's life and property from the 1/4

landlord and his persons by considering the police complaint dated 22.10.2022 in C.S.R No.627 of 2022.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent.

3. The learned counsel appearing for the petitioner submitted that the petitioner is a tenant in the premises belonging to one Chokkalingam. In this regard, he has also filed a civil suit in O.S.No.285 of 2021 for seeking the relief of permanent injunction. Despite the landlord was set exparte, the relief sought for by the petitioner was not granted to him. Hence, he challenged the said judgment by filing an appeal in A.S No.25 of 2022 before the Sub Judge, Poonamallee.

4. Now, the grievance of the petitioner is that the landlord is trying to vacate him by illegal means and for which, no police protection has been given to him. Before seeking police protection, it is obligatory on the part of the petitioner to establish that his possession of the suit property is lawful. Since the matter is pending before the civil court viz., the Sub 2/4

Court, Poonamallee in A.S.No.25 of 2022, it may not be appropriate for the police to interfere in the civil matter.

5. The petitioner had given a representation to the respondent and for which CSR has been assigned. If the enquiry on the same reveals about commission of any offence, it is obligatory on the part of the respondent to do the needful in accordance with law.

6. In view of the above stated reasons, I feel it is appropriate to dispose of the Criminal Original Petition with a direction to the respondent police to dispose the complaint in C.S.R No.627 of 2022, within a period of two weeks from the date of receipt of a copy of this order. 04.11.2022 Index : Yes/ No Speaking Order:Yes/No uma R.MANJULA, J 3/4

uma To

1. The Inspector of Police T-11 Police Station Thiruninravur Thiruvallur-602 024.

2.The Public Prosecutor High Court of Madras.

Crl.O.P.No.26871 of 2022 04.11.2022 4/4