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Madras High CourtCRL OP/32408/2019dismissed

N.Murugaiyan v. State Rep By

2019-12-02Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.12.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.32408 of 2019 N.Murugaiyan ... Petitioner Vs.

1. The Superintendent of Police, Cuddalore District, Cuddalore -607 001.

2. The Inspector of Police, Oomangalam Police Station, Cuddalore District.

3. Jothi

4. Umadevi

5) Indira 6)Valli 7)Muniyan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to give a necessary police protection to the petitioner property situated at Virudhachalam Registration District, Kammapuram Sub District, Periyakappankulam Village, Ayan Punjay, Re-survey No.22/6A, to an extent of 0.2180 sq.ft for putting compound wall (fencing).

For Petitioner : Mr.S.Nambirajan For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 and R2

O R D E R

This petition has been filed to direct the respondents 1 and 2 to give police protection for putting up a compound wall (fencing).

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

2. The learned counsel for the petitioner has submitted that the petitioner had purchased the property on 23.10.2019 admeasuring 2180 sq.ft situated in Rs/No.22/6/A/ 0.33.0 of Kammapuram, Periyakappam Kulam Village, Virudhachalam. He further submitted that on 14.11.2019, the petitioner attempted to put up a compound wall (fencing) of the aforesaid property, but, the respondents 3 to 7 objected the same and hence, he requests to direct the respondents 1 and 2 to provide police protection.

3. Per contra, the learned Additional Public Prosecutor has submitted that since there is a dispute with regard to the land, the petitioner has to file a civil suit and get appropriate remedy.

4. Admittedly, the petitioner has purchased the property only on 23.10.2019. The dispute is with regard to the aforesaid property and in such a case, it is open to the petitioner to file a suit before the Civil Court and get appropriate relief.

5. With the aforesaid observation, this petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Vv/ebsi To

1. The Superintendent of Police, Cuddalore District, Cuddalore -607 001.

2. The Inspector of Police, Oomangalam Police Station, Cuddalore District.

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

CRL.O.P.No.32408 of 2019 BP(CO) GN(11/02/2020) https://hcservices.ecourts.gov.in/hcservices/