Madras High CourtCRL OP(MD)/633/2023disposed of

Rajapalayam Poona Samiyar Madam Nandavanam v. The Inspector Of Police

2024-08-28Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Rajapalayam Poona Samiyar Madam Nandavanam Dhandayuthapani Thirukoil through its Trustee Hariharabharathi PACR Salai, Rajapalayam, Virudhunagar District.

Rep. by his power of attorney M.Balakumar ... Petitioner vs.

1.State by The Inspector of Police, Rajapalayam South Police Station, Rajapalayam, Virudhunagar District.

2.Arumugaperumal President and Present Trustee, Saliyar Community, Angaiah Raja Street, Rajapalayam, Virudhunagar District.

... Respondents Prayer:- Petition filed under Section 482 of Cr.P.C., to direct the first respondent herein to provide sufficient police protection to the petitioner trust and its members to enjoy and possess the property, being 1/4

"Poona Samiyar Madam"situate in S.No.1288/16 and Town Survey Nos. 16/1, 16/2, 16/3, 16/4 and 16/5 admeasuring O.5285.0 Area, in Block 15, Ward H, Rajapalayam Town, Virudhunagar District based on the complaint dated 15.09.2022.

For Petitioner : Mr.Y.Prakash For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 Mr.N.Dilipkumar for R2

ORDER

The petition is filed to direct the first respondent herein to provide sufficient police protection to the petitioner trust and its members to enjoy and possess the property, being "Poona Samiyar Madam"situate in S.No.1288/16 and Town Survey Nos.16/1, 16/2, 16/3, 16/4 and 16/5 admeasuring O.5285.0 Area, in Block 15, Ward H, Rajapalayam Town, Virudhunagar District based on the complaint dated 15.09.2022. 2.When the matter came up for hearing, the learned Additional Public Prosecutor submitted that the petition has been closed as civil in nature and as a matter of fact, the appropriate second respondent got an injunction as against the petitioner before the appropriate civil forum. 2/4

3.In view thereof, the prayer sought for by the petitioner cannot be granted and hence, the Criminal Original Petition is disposed of. 28.08.2024 NCC : No sji To 1.The Inspector of Police, Rajapalayam South Police Station, Rajapalayam, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

D.BHARATHA CHAKRAVARTHY, J.

sji 28.08.2024 4/4