Madras High CourtCRL OP(MD)/1552/2022dismissed

M.Chellathai v. The Superintendent Of Police

2022-01-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1552 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1552 of 2022 M.Chellathai ... Petitioner Vs.

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

2.The Sub Inspector of Police, Vasudevanallur Police Station, Sivagiri Taluk, Tenkasi District.

3.The Sub Inspector of Police, Puliyangudi Police Station, Tenkasi District.

4.T.Ramapandian ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 to 3 to grant police protection to this petitioner and petitioner's sons and petitioner's men and servants for their "Life and Limb) as well as for the petitioner's properties, with an extent of 2.70 acres out of 3.04 acres in S.No.782 and 4 acres in S.No.784, in Vasudevanallur revenue Village in Sivagiri Taluk in Tenkasi District. For Petitioner : Mr.F.X.Eugene For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 3. 2.The petitioner seeks police protection. According to the learned counsel for the petitioner, the fourth respondent has filed O.S.No.75 of 2021 on the file of the Principal District Munsif Court, Sivagiri and he is interfering with the petitioner's possession and enjoyment. Since the petitioner is not having any enforceable order or decree from the jurisdictional Civil Court, the question of granting relief under Section 482 of CrPC does not arise.

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Crl.O.P(MD)No.1552 of 2022 3.Leaving open the petitioner's other rights and remedies, this criminal original petition is dismissed. I have not gone into the merits of the matter. Dismissal of this criminal original petition will not in any way cast any reflection on the petitioner's rights. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Tenkasi, Tenkasi District.

2.The Sub Inspector of Police, Vasudevanallur Police Station, Sivagiri Taluk, Tenkasi District.

3.The Sub Inspector of Police, Puliyangudi Police Station, Tenkasi District.

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

COPY TO:

THE PRINCIPAL DISTRICT MUNSIF, SIVAGIRI +1 CC to M/s.F.X.EUGENE, Advocate ( SR-2771[F] dated 28/01/2022 ) Crl.O.P(MD)No.1552 of 2022 28.01.2022 NA(CO) GC(11.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2