Madras High CourtCRL OP(MD)/1529/2023disposed of

Ayyakkannu v. The Superintendent Of Police

2023-01-30Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Ayyakkannu ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Mimisal Police Station, Pudukkottai District.

3.Chellaiah 4.Mahalingam 5.Mathavan 6.Ramanathan 7.Govindan 8.Marimuthu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to give 1/6

adequate police protection to the petitioner properties at Survey No.10/7 extent 17.50 Ares, Survey No.10/15 extent 6.50 Ares, Survey No.10/17 extent 5.50 Ares and Survey No.10/5 extent 9.50 Ares situated at Seyyanam Village, Manamelkudi Taluk, Pudukkottai District based on the petitioner's representation dated 11.11.2022 and to take necessary action within the time stipulated by this Court. For Petitioner : Mr.R.Prasanna For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent to give adequate police protection to the petitioner's properties in Survey No. 10/7 extent 17.50 Ares, Survey No.10/15 extent 6.50 Ares, Survey No. 10/17 extent 5.50 Ares and Survey No.10/5 extent 9.50 Ares situated at Seyyanam Village, Manamelkudi Taluk, Pudukkottai District based on the petitioner's representation dated 11.11.2022 and to take necessary action within the time stipulated by this Court. 2/6

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that after enquiry, on the basis of the submissions made by both the parties that they would sort out the issues through civil Court, the petitioner's complaint was ordered to be closed.

4. As rightly pointed out by the learned counsel appearing for the petitioner, the petitioner has already filed a civil suit in O.S.No.129 of 2018 and obtained ad-interim injunction in I.A.No.1454 of 2018 dated 16.03.2022.

5. The second respondent closing the complaint without considering the injunction order granted by the competent civil Court is not proper and is not in accordance with law. Hence, the second respondent is directed to consider the representation of the petitioner dated 11.11.2022 and pass orders within a period of one week from the date of receipt of a copy of this order.

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

30.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Mimisal Police Station, Pudukkottai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 30.01.2023 6/6