Madras High CourtCRL OP(MD)/1061/2024disposed of

P.Sankar v. The Superintendent Of Police

2024-01-24Honourable Mrs Justice R. Hemalatha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE R.HEMALATHA P.Sankar ... Petitioner Vs 1.The Superintendent of Police Office of the Superintendent of Police, Thanjavur District.

2.The Inspector of Police Thiruvaiyaru Police Station, Thanjavur District.

3.Sivakumar ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to provide police protection to the petitioner.

For Petitioner : Mr.K.Chengiz Khan For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

ORDER

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure seeking a direction to the second respondent to provide police protection to the petitioner.

2. The grievance of the petitioner is that though they are in possession and enjoyment of a house in Survey No.166/1 of Kalayanapuram 1st Sethi Village, Thiruvaiyar Taluk, Thanjavur District, the third respondent attempted to interfere with the peaceful possession of the petitioner. Hence, the petitioner filed a suit in O.S.No.206 of 2018 for declaration of his title to the suit property and for a permanent injunction, restraining the third respondent herein from interfering his peaceful possession and enjoyment of the said property. The suit in O.S.No.206 of 2018 was dismissed by the Sub Court, Thanjavur, on 16.03.2022 as against which, an appeal suit is filed before the Principal District Judge, Thanjavur and the same is pending for numbering.

3. The further contention of the petitioner is that the third respondent without filing an execution petition in the suit in O.S.No.206 2/4

of 2018, is interferring with the possession of the plaintiff and therefore, police protection to his life and property is absolutely necessary.

4. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents 1 and 2, on instructions, would contend that no complaint / petition is received from the present petitioner and the same would be considered in due course of time.

5. Since the dispute between the parties is civil in nature, the petitioner is directed to redress his grievance in the appeal suit filed by him.

6. With the above direction, this Criminal Original Petition stands disposed.

24.01.2024 Index :Yes/No Internet :Yes/No NCC :Yes/No LS 3/4

R.HEMALATHA,J.

LS To 1.The Superintendent of Police Office of the Superintendent of Police, Thanjavur District.

2.The Inspector of Police Thiruvaiyaru Police Station, Thanjavur District.

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

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