S.Vijayaragavan, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL OP(MD).No. 6627 of 2019 S. Vijayaragavan ...

Petitioner Vs.

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

2. The Deputy Superintendent of Police, Karur District, Karur.

3. The Inspector of Police, Karur Town Police Station, Karur District.

4. Rukmani

5. Muthulakshmi ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 3rd respondent to provide adequate police protection to the petitioner pursuant to the representation, dated 27.03.2019 given by the petitioner based on the Judgment and Decree , passed by the learned District Munsif, Karur in O.S. No.1100 of 1995, dated 20.11.1996.

For Petitioner : Mr.Vijayaragavan party in person.

For Respondents-1 to 3 : Mr.R. Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed seeking for police protection, based on the Judgment and Decree, passed by the learned District Munsif, Karur in O.S. No.1100 of 1995, dated 20.11.1996.

2. The grievance of the petitioner is that the petitioner's mother one Pappathy had obtained a decree against the petitioner's father Subbarayan for maintenance for which 1/6th share of the immovable properties mentioned in the plaint was attached as guarantee, which is ancestral properties of his father. Pursuant to the same, the petitioner's mother enjoyed the same in lieu of maintenance and now, the respondents-4 & 5 were interfered with the peaceful enjoyment, hence sought for police protection. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Criminal Side) would submit that the decree obtained by the petitioner's mother for maintenance and in lieu of the maintenance, the properties were attached as guarantee, since it is a civil dispute the police can not interfere in it.

4. Considering the facts and circumstances, this Court is of the considered opinion that, since it is a civil dispute between the petitioner and the respondents-4 & 5, the petitioner can very well approach the concerned civil forum to workout his remedy in accordance with law and the relief sought for by the petitioner cannot be granted by this Court.

5. With the above observations, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

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

2. The Deputy Superintendent of Police, Karur District, Karur.

3. The Inspector of Police, Karur Town Police Station, Karur District.

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

CRL OP(MD).No. 6627 of 2019 10.06.2019 CS: (05/07/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/