T.Vairamuthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.5229 of 2018 1.T.Vairamuthu 2.R.Thangamudi 3.K.Jeyaraman 4.M.Velmurugan 5.K.Ramaraj 6.M.Thangamuniyandi 7.Nagajothi : Petitioners Vs.

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Srivilliputhur Sub Division,

3. The Inspector of Police, Vadrapee Police Station,

4. The Sub Inspector of Police, Nathampatti Police Station, Virdhunagar District.

5.T.Rohini 6.Muruganantham 7.Jeyamani : Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the fourth respondent to register a case as against the respondents 5 to 7 on the basis of the petitioner's representation, dated 21.03.2018. For Petitioners : Mr.M.Sheik Abdullah For RR 1to 4 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed to direct the fourth respondent to register a case as against the respondents 5 to 7 on the basis of the petitioner's representation, dated 21.03.2018.

2. Heard the learned counsel appearing for the petitioners; learned Additional Public Prosecutor appearing for the respondents 1 to 4 and perused the materials placed on record.

3. According to the petitioner the southern side of the petitioner's resident had a common pathway belongs to the Government Poromboke that was utilised by the petitioner and the general public. The respondents 5 to 7, who are the neighbours of the petitioner giving trouble to the petitioner and they prevented the petitioner as well as the general public to use the said common pathway and therefore the petitioner has lodged a complaint before the fourth respondent on 12.03.2018. As there was no case registered on the said complaint, the petitioner has come up with this petition.

4. The learned Additional Public Prosecutor submitted that the nature of the complaint made by the petitioner is purely civil in nature, hence, the present petition is not maintainable.

5. Considering the submissions made by both parties, this Court came to the conclusion that the allegation made by the petitioner in his compliant is purely civil in nature. Therefore, this petition is not maintainable and accordingly, the Criminal Original Petition is dismissed with liberty to the petitioner to approach the appropriate forum to work out his remedy in the manner known to law.

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

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Srivilliputhur Sub Division,

3. The Inspector of Police, Vadrapee Police Station,

4. The Sub Inspector of Police, Nathampatti Police Station, Virdhunagar District.

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

PJL AE/KKR/SAR2/23.04.2018/3P/6C CRL.O.P.(MD)No.5229 of 2018 05.04.2018