Mahadevan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Original Petition No.27067 of 2024 Mahadevan ... Petitioner Vs.

State rep. by

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

2. The Inspector of Police, Vikkiramangalam Police Station, Ariyalur District.

3. Kolanjinathan ... Respondents Prayer: Criminal Original Petition is filed under Section 428 of Cr.P.C./ Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023, praying to direct the respondents 1 & 2 to give Police Protection to the petitioner for doing Agriculture activity in Survey No.88/2 at Udayarpalayam Taluk, Govindhaputhur Village, Ariyalur District in view of the judgment granting permanent injunction in OS No.101 of 2018 dated 19.08.2019 and based on his representation dated 20.09.2024. 1/5

For Petitioner : Mr.K.Gandhi Kumar For Respondents : K.M.D.Muhilan Government Advocte (Crl. Side) for R1 & 2 **********

O R D E R

Dispute between the neighbours regarding use of the agricultural land, has led to lodging a complaint against this petitioner by the third respondent and the counter complaint by this petitioner against the third respondent.

2. The petitioner seeks police protection for carrying out his agricultural activities in Survey No.88/2, Udayarpalayam Taluk, Govindhaputhur Village, Ariyalur District, citing decree of permanent injunction granted in his favour in OS No.101 of 2018 dated 19.08.2019.

3. The learned Government Advocate (Crl. Side) submits that complaint and counter complaint were received and after enquiry the second respondent has found that it is a civil dispute and the parties have 2/5

to work out their remedy before the competent civil Court and closed the CSRs.

4. Since the dispute between the first petitioner and the third respondent is apparently civil in nature, the Police protection sought in this petition cannot be granted, unless and until there is a clear title and declaration of possession in respect of the property. The dispute being a civil in nature, the prayer sought herein cannot be granted.

5. Hence, the Criminal Original Petition is disposed of. 29.10.2024 Index: Yes/No Internet: Yes/No jv 3/5

To

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

2. The Inspector of Police, Vikkiramangalam Police Station, Ariyalur District.

3. The Public Prosecutor, Madras High Court, Chennai 600 104.

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Dr.G.JAYACHAND5RAN,J.

jv Criminal Original Petition No.27067 of 2024 29.10.2024 5/5