Madras High CourtCRL OP(MD)/13726/2017dismissed

R.Hariharasudhan v. The Superintendent Of Police

2017-10-11Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.13726 of 2017 R. Hariharasudhan : Petitioner -Vs1. The Superintendant of Police, Thirunelveli District, Thirunelveli.

2. The Deputy Superintendant of Police, Alangulam, Thirunelveli.

3. The Inspector of Police, Uthumalai Police Station, Thirunelveli District.

4. Vellapandi

5. Yesuraja : Respondents/Complainants PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to give police protection for the life and limb of the petitioner and his family members on the basis of the petitioner's complaint dated 09.08.2017 pending before the respondent Police. For Petitioner : Mr. M.Sankar For Respondents 1 to 3 : Mr.K.S. Duraipandian Additional Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the 2nd respondent to give Police Protection for the life and limb of the petitioner and his family members on the basis of the petitioner's representation dated 09.08.2017.

2. In the representation of the petitioner the petitioner states that he is the owner of the property measuring an extent of 28.5 Ares in S.No.423 / 2B situated at Kavalakurichi Village, Alangulam Taluk, Thirunelveli District and that when the petitioner entered into his above said property, it is stated by the petitioner that he was prevented by few individuals claiming certain rights over the properties. The claim of the petitioner https://hcservices.ecourts.gov.in/hcservices/

that he is the owner of the property.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3

4. Having regard to the fact that the petitioner is intended only to protect his property rights without resorting to the remedy available before the Civil Court, this Court is not inclined to entertain this petition for giving police protection to the petitioner and his family members. It is open to the petitioner to approach the civil Court for filing suit for permanent injunction or for declaration of title and injunction.

5. With the above observation, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To

1. The Superintendant of Police, Thirunelveli District, Thirunelveli.

2. The Deputy Superintendant of Police, Alangulam, Thirunelveli.

3. The Inspector of Police, Uthumalai Police Station, Thirunelveli District.

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

+ 1 CC TO MR.M.Sankar , ADVOCATE IN SR No.82764 trp MK/SV MMS/SAR-1/26.10.2017/2P/6C CRL.O.P.(MD)No.13726 of 2017 11.10.2017 https://hcservices.ecourts.gov.in/hcservices/