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Madras High CourtCRL OP(MD)/1349/2021dismissed

S.Sivakar Raj v. The Superintendent Of Police

2021-03-08Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1349 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1349 of 2021 S.Sivakar Raj ... Petitioner Vs.

1.The Superintendent of Police, O/o.Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

3.P.Rosal 4.K.Kingslal 5.K.Kiltoslal ... 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 and his family members and also for the property in Survey Nos.409/1 and 410/13 of Kannanur Village, Thiruvattaru Taluk, Kanyakumari District and Survey No.760/5 of Mekkodu Village, Kanyakumari District. For Petitioner : Mr.I.Pinaygash For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The main grievance of the petitioner is that the private respondents has started putting up construction in the property of the petitioner and also cut the trees.

2.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 and 2, on instructions, would submit that the representation dated 08.01.2021 submitted by the petitioner was closed, after conducting enquiry by the Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1349 of 2021 3.A copy of the report of the Inspector of Police, Thiruvattar Police Station is filed. A perusal of the same shows that the private respondents are renovating their old house in their property, and that no occurrence took place on 06.01.2021 at about 09.00 am., as alleged by the present petitioner. 4.It is also mentioned in the police report that civil cases are pending between both the parties in respect of Survey Nos.409/1 and 410/13 of Kannanur Village, Thiruvattaru Taluk, Kanyakumari District and Survey No.760/5 of Mekkou Village, Kanyakumari District.

5.Recording the same, the Criminal Original Petition is dismissed.

Sd/ Assistant Registrar(W) /True copy/ / /2021 Sub Assistant Registrar(CS- ) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, O/o.Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

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

Crl.O.P.(MD)No.1349 of 2021 08.03.2021 rmk PK/30.03.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2