Sivaraja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM

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

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

2.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

3.Raja 4.Palpandi 5.Udhayakumar 6.Kumarayi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to provide police protection to the life and limb of the petitioner and his family members from the respondents 3 to 6 and other villagers. 1/5

For Petitioner : Mr.R.Murugappan For R1 and R2 : Mr.SS.Madhavan, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the second respondent to provide police protection to the life and limb of the petitioner and his family members from the respondents 3 to 6 and other villagers.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioner's father has also filed a petition in W.P.(MD)No.18865 of 2022, seeking directions to the respondents 1 to 6 therein, to take action against the private respondents therein for ex-communicating the petitioner and his family members and considering the submission made by the learned Government Advocate (Criminal Side) that there was no ex-communication and they were ready to provide provisions from the shops and if any ex-communication is there, the respondent Police shall take action against the private 2/5

respondents, closed the writ petition, by giving liberty that the petitioner is to prefer a complaint to the second respondent, if there is any excommunication. He would further submit that the petitioner has been raising property dispute and subsequently, he has given the complaint and after the complaint, has claimed police protection.

3. On perusal of the records, it is clearly evident that there existed property disputes between the petitioner and private respondents. Admittedly, there is no enforceable decree or order from the jurisdictional civil Court and as such, 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. 15.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/5

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 15.02.2023 5/5