S.Shankar v. Dy Sup Of Po Vilpurm

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.24418 of 2018 S.Shankar

...Petitioner/Complainant

Vs.

1. The Deputy Superintendent of Police, Tindivanam, Villupuram District.

2. The Inspector of Police Roshanai Police Station Villupuram District.

3. B.Jayasree (Amended as per the order of this Court dated 29.10.2018 made in Crl.OP.No.14186 of 2018)

...Respondents/Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents herein to grant police protection to the petitioner and his lands as per the proceedings dated 03.09.2018 made in O.Mu.A1 3086/2018 forwarded to the first respondent herein.

For Petitioner : Mr.S.Senthil Nathan For Respondents : Mr.C.E.Pratap R1 & R2 Government Advocate

ORDER

This Criminal Original Petition has been filed seeking for police protection to the petitioner and his lands.

2. The case of the prosecution is that the petitioner is a cultivating tenant under the third respondent from the year 2007 in respect of 12 acres of land in Chitharipet Village, Villupuram District. The third respondent attempting to vacate the petitioner from lands, for which, the third respondent and her hooligans trespassed into the said cultivable lands and damaged the crops. The petitioner gave a complaint dated 31.08.2018 to the Sub Collector to take appropriate action against the landlord under the Tamil Nadu Cultivating Tenants https://hcservices.ecourts.gov.in/hcservices/

Protection Act. 1955 and the same was forwarded to the respondent police. The respondent police have not taken any action till date. Hence the present petition has been filed before this Court.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing on behalf of the respondents 1 & 2.

4. The relief sought for by the petitioner cannot be granted by this Court and the petitioner has to necessarily work out his remedy only before the competent Civil Court. It has been repeatedly held by this Court that police protection cannot be ordered in cases involving property dispute and such disputes will have to be resolved only before a competent Civil Court.

5. In the result, this Criminal Original Petition is dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rli To

1. The Deputy Superintendent of Police, Tindivanam, Villupuram District.

2. The Inspector of Police Roshanai Police Station Villupuram District.

3. The Public Prosecutor High Court of Madras Chennai - 600 104.

Crl.O.P.No.24418 of 2018 SRA(CO) SP(09/11/2021) https://hcservices.ecourts.gov.in/hcservices/