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Madras High CourtCRL OP(MD)/2343/2023dismissed

Pl.Murugesan v. The Superintendent Of Police

2023-02-06Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR P.L.Murugesan, : Petitioner Vs

1. The Superintendent of Police, Trichy District,Trichy

2. The Inspector of Police, Valanadu Police Station.

Trichy District

3. Periyasamy,

4. Palanichamy,

5. Thangam, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to issue a direction directing the respondents to provide adequate police protection to the petitioner to cultivate the petitioner land in S.F.No. 427/7 in Patta No.1310 measuring about 41.50 hectares situated at Kannukuzhi village, Marungapuri Taluk, Trichy District, on the basis of the 1/5

petitioner's representation, dated 23.11.2022. For Petitioner : Mr.R.Sivalingam For R1 & R2 : Mr.S.S.Madhavan Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the respondents to provide adequate police protection to the petitioner to cultivate the petitioner land in S.F.No.427/7 in Patta No.1310 measuring about 41.50 hectares situated at Kannukuzhi village, Marungapuri Taluk, Trichy District, on the basis of the petitioner's representation, dated 23.11.2022. 2.The learned Counsel appearing for the petitioner submitted that a suit filed by the private respondents was already dismissed and that the petitioner has filed a writ petition in W.P(MD)No.18231 of 2022, seeking direction to survey the said land and this Court vide order, dated 12.08.2022, has directed the survey authorities to conduct enquiry with respect to the objections of the adjacent land owners and thereafter to survey the properties. 3.The learned Government Advocate(Crl.Side) would submit that in 2/5

pursuance of the directions of this Court, police protection was given for measuring the property. He would further submit that now, the main complaint of the petitioner is that they have been interfering with his peaceful possession and enjoyment of the property.

4. Admittedly, the petitioner is not having any enforceable decree or order from the competent civil Court and as such, the granting of police protection does not arise at all. As of now, leaving open the petitioner's rights and remedies, this Criminal Original Petition is dismissed. 06.02.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr 3/5

To

1. The Superintendent of Police, Trichy District,Trichy

2. The Inspector of Police, Valanadu Police Station.

Trichy District

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

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K.MURALI SHANKAR , J.

lr 06.02.2023 5/5