Angusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3274 of 2024 Angusamy

...Petitioner

vs 1.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

2.Vijaya 3.Vanitha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1st Respondent to provide adequate police protection to the life and limb of the Petitioner and his family members as well as the Petitioner's house, situating in the land in S.No.398/34, T.Velankudi Village, Tiruchuli Taluk, Virudhunagar District by considering the Petitioner's representation dated 17.02.2024 within the time limit prescribed by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner had been assigned the lands by the Government, based on which the revenue records were mutated in his name. While so, the second Respondent, who had already been in enjoyment of Government land adjacent to the land assigned to the Petitioner, objected to the construction of the Petitioner's house in his assigned lands. Also, she is alleged to have abused the Petitioner using caste name and damaged the construction put up by the Petitioner in his property that was assigned to him by the Government. The conduct of the second Respondent made the Petitioner to approach the first Respondent by filing a complaint against her.

The first Respondent had conducted an enquiry and directed the second Respondent to measure the property by filing appropriate petition before the Revenue Authorities or the Survey Authorities. Till date, she had not proceeded. Also, she had not furnished any documents before the first Respondent to prove her case. Still, she continues to interfere with the construction put up by the Petitioner. Therefore, the Petitioner seeks police protection for putting up the construction in the property that was assigned to him.

2.Considering the submission made by the learned Counsel for the Petitioner that there is civil dispute between the Petitioner and the second Respondent, who had been in possession of an adjacent land belonging to the Petitioner, the Petitioner is directed to approach the civil Court seeking injunction against the second Respondent, who does not have any right or possession to interfere with the Petitioner's possession, as he has been assigned the land by the Government.

Accordingly, this Criminal Original Petition is closed. Internet:Yes./No 01.03.2024 Index:Yes/No mm To 1.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.3274 of 2024 01.03.2024 4/4