David Kulanthai v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL David Kulanthai .. Petitioner Vs.

1. The Superintendent of Police Ramanathapuram District Ramanthapuram

2. The Deputy Superintendent of Police Ramanathapuram District 3.The Inspector of Police Parthibanur Police Station Ramanthapuram District

4. Tho. Thinees

5. Antony Grace

6. Kulanthai Mahilan

7. Britto .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent to provide police protection to ensure the life and limb of the petitioner and his family members by considering the representation dated 22.01.2025.

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For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondents : Mr.M.Sakthi Kumar No. 1 to 3 Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the third respondent to provide police protection to ensure the life and limb of the petitioner and his family members by considering the representation dated 22.01.2025.

2. According to the petitioner the respondents 4 to 7 are neighbours and the petitioner has a house property situated in S.No. 535/18, Arulananthapuram, Soodiyur Village, Taluk, Ramanathapuram District. Whileso, the respondents 4 to 7 on 09.01.2025 made quarrel with the petitioner and damaged the survey stones and also blocked the pathway to the house of the petitioner. Therefore the petitioner has sent a representation dated 22.01.2025 but the same has not been considered, hence he has filed the present petition.

3. The learned Government Advocate(Crl.side) appearing for the respondents 1 to 3 would submit that there is a civil dispute pending 2/5

between the parties and thereby they conducted enquiry and closed as the parties agreed to seek remedy before the civil Court. Therefore nothing survives for further adjudication in this petition.

4. In view of the above said representation made by the learned Government Advocate(Crl.Side) without issuing notice to the private parties this Court is inclined to pass orders by directing the parties to approach the appropriate forum in respect of property dispute. However if any criminal acts done by any of the parties they can approach the third respondent and on such complaint the respondent police is directed to take appropriate action in accordance with law.

5. Since already the representation of the petitioner was disposed of, no further orders is required to be passed in this petition, hence this Criminal Original Petition stands closed.

10.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5

To

1. The Superintendent of Police Ramanathapuram District Ramanthapuram

2. The Deputy Superintendent of Police Ramanathapuram District 3.The Inspector of Police Parthibanur Police Station Ramanthapuram District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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