D.Elangovan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 32078 of 2019 D.Elangovan ... Petitioner Vs.

1.The Inspector of Police Nandampakkam Police Station, Chennai.

2.M/s.Casa Grande Private Limited Rep by its Director M.Arun Kumar.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to provide police protection to the petitioner's life and also for his property for land measuring 40.5 Ars in S.No.235/2B1 and land measuring an extent of 21.0 Ars in S.No.235/2B-3 of Manappakkam Village, Sriperumbudur Taluk, Kanchipuram District as and when situation warrants.

For Petitioner : Mr.G.Arumugaraja For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 : Mr.Ganesh & Ganesh for R2

O R D E R

This Criminal Original Petition has been filed for a direction to direct the first respondent to provide police protection to the petitioner's life and also for his property for land measuring 40.5 Ars in S.No.235/2B1 and land measuring an extent of 21.0 Ars in S.No.235/2B-3 of Manappakkam Village, Sriperumbudur Taluk, Kanchipuram District as and when situation warrants.

https://hcservices.ecourts.gov.in/hcservices/

2. Admittedly, the petitioner has filed a suit in O.S.No.216 of 2016, in which, the interim injunction was granted in favour of the petitioner. As against which, the second respondent has filed a Civil Miscellaneous Appeal and the same was also dismissed, thereby, confirming the interim order passed by the trial Court. As against which, the second respondent has filed a Civil Revision Petition before this Court in C.R.P.No.14214 of 2019 and this Court granted interim stay and it is pending. Pending the suit, the petitioner has also filed an application seeking police protection before the Civil Court in I.A.No.795 of 2017 in O.S.No.216 of 2016 and it is pending.

3. Considering the above facts and circumstances, the police protection cannot be granted as prayed for in this petition. However, the petitioner has to approach the Civil Court by pressing the application in I.A.No.795 of 2017 in O.S.No.216 of 2016 seeking appropriate relief.

4. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv To

1. The Inspector of Police Nandampakkam Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Arumugaraja, Advocate, Sr.No.19548 CRL.O.P.No. 32078 of 2019 GS(29/05/2020) https://hcservices.ecourts.gov.in/hcservices/