Madras High CourtCRL OP(MD)/6032/2018dismissed

M. Indira v. The Superintendent Of Police

2018-04-16Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.6032 of 2018 M.Indira ... Petitioner -vs1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Bodinayakanoor Police Station, Bodinaickanoor, Theni District.

3.The Inspector of Police, Chinnamanoor Police Station, Chinnamanoor, Theni District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to give adequate police protection to the petitioner and her family members for the occupation of her property which was already surveyed and demarcated by the revenue authorities on the basis of the complaint dated 21.03.2018.

For Petitioner : Mr.R.Thangapandian For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondent to give adequate police protection to the petitioner and her family members for the occupation of her property, which was already surveyed and demarcated by the revenue authorities on the basis of the complaint dated 21.03.2018.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. According to the learned counsel for the petitioner, pursuant to the order passed by this Court in W.P.(MD) No. 265 of 2018 dated 6.3.2018 the property was measured by the surveyor and pursuant to the measurement of the property it is found that the proposed accused has encroached upon the petitioner's property. The petitioners lodged a complaint and no action has been taken. Hence, the petitioner is before this Court seeking police protection.

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4. In the course of argument, the learned Additional Public Prosecutor would submit that removal of encroachment by the proposed accused in the suit property can be removed only in the manner known to law.

5. Admittedly, the aforesaid proposed accused has encroached the petitioner's property. Therefore, it is open to the petitioner to approach the appropriate forum in the manner known to law.

6. In view of the above submission, this petition is dismissed. No costs.

Sd/ Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police,Theni District, Theni. 2.The Deputy Superintendent of Police, Bodinayakanoor Police Station, Bodinaickanoor, Theni District.

3.The Inspector of Police, Chinnamanoor Police Station, Chinnamanoor,Theni District.

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

+1cc to Mr.R.THANGAPANDIAN, Advocate, SR.No.61382 CRL.O.P.(MD)No.6032 of 2018 16.04.2018 CM KK/SV MMS/04.05.2018/SAR-4/2P-6C https://hcservices.ecourts.gov.in/hcservices/