Ramalingam v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2023 CORAM :
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Ramalingam ... Petitioner versus 1.The Superintendent of Police, Villupuram District.
2.The Deputy Superintendent of Police, Tindivanam, Villupuram District.
3.The Inspector of Police, Mailam Police Station, Villupuram District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, pleased to issue a direction to the respondents particularly the Inspector of Police, Mailam Police Station, Villupuram District, the 3rd respondent herein to provide police protection to the petitioner by considering the petitioner's representation dated 10.06.2023.
For Petitioner : Mr.K.Balakrishnan For Respondents : Mr.S.Udaya Kumar, Government Advocate (Crl. Side) **********
O R D E R
The petitioner herein, who owns the land in Pathirapuliyur Village, Mailam Taluk, alleges that the second wife's children of his father, Solai, prevent him from enjoying the land and therefore seeks police protection.
2. On perusing the records, this Court finds that there was a previous complaint in this regard and the police had intervened, and the accused persons had agreed to take five cents of housing site and two acres in 2.2 huts, and allow the petitioner to enjoy the remaining land left by Solai. However, that compromise has not been acted upon. Hence, the present complaint and request for police protection.
3. The matter relates to the siblings of Solai who want to enjoy the property left by late Solai. If the rival claims have not been settled amicably, it is for the parties to work out the remedy before the Civil Court. However,
if any portion of the disputed property is in the possession of the petitioner, his possession cannot be disturbed without due process of law.
4. In this case, though the bald allegation is made that there is a threat and disturbance by the rival group, the complaint does not contain any specific time or date or how he was disturbed. Therefore, blanket direction to the police to provide protection cannot be ordered. It is open to the petitioner, if any real disturbance eminates from anybody impeding the lawful enjoyment of the property, to report the matter to the respondent police, and on receipt of such complaint, the police will act in accordance with the law.
5. With the above direction, this Criminal Original Petition is disposed of.
12.10.2023 Index:Yes/No Internet:Yes/No drl
To 1.The Superintendent of Police, Villupuram District.
2.The Deputy Superintendent of Police, Tindivanam, Villupuram District.
3.The Inspector of Police, Mailam Police Station, Villupuram District.
4.The Public Prosecutor, High Court, Madras.
DR.G.JAYACHANDRAN.J, drl
12.10.2023