Madras High CourtCRL OP(MD)/2174/2023disposed of

M.Malaiyappan v. The Inspector Of Police

2023-02-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM

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

1.The Inspector of Police, Thogamalai Police Station, Karur District.

2.Kaliyappan 3.Kaliyappan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to provide police protection for life and limb and use pathway in the petitioner's property in Patta land in Survey No.176/1F, Thogamalai Village, Kulithalai Taluk, Karur District by considering the petitioner's representation dated 01.08.2022, 13.10.2022 and 19.01.2023.

For Petitioner : M/s.G.Vidhya Maheswaran For R1 : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to provide police protection for life and limb and use pathway in the petitioner's property in Patta land in Survey No.176/1F, Thogamalai Village, Kulithalai Taluk, Karur District by considering the petitioner's representation dated 01.08.2022, 13.10.2022 and 19.01.2023.

2. The learned counsel appearing for the petitioner would submit that there existed pathway dispute between the petitioner and the third respondent and that the petitioner has filed a civil suit in O.S.No.163 of 2013 and the same was decreed on 03.10.2018 granting permanent injunction restraining the respondents 2 and 3 from interfering with the petitioner's peaceful possession and enjoyment of the property.

3. The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the petitioner has given a complaint on 23.01.2023 and on that basis, CSR No.60 of 2023 came to be registered and they have already directed both the parties to appear today (03.02.2023).

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4. Recording the submission made by the learned Government Advocate (Criminal Side), the first respondent is directed to consider the representation of the petitioner dated 23.01.2023, taking note of the decree obtained by the petitioner from the competent civil Court and pass orders within a period of two weeks from the date of receipt of a copy of this order.

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

03.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Inspector of Police, Thogamalai Police Station, Karur District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 03.02.2023 4/4