Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Murugan

...Petitioner

Vs.

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

2.The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

3.Velthai @ Subbulakshmi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st and 2nd Respondents to give police protection for the life and limb of the petitioner and his family members by considering the petitioner's representation dated 16.02.2023. For Petitioner : Mr.Pon Karthigeyan.R For Respondent : Mr.S.Manikandan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 1/5

482 Cr.P.C., seeking orders to direct the 1st and 2nd Respondents to give police protection for the life and limb of the petitioner and his family members by considering the petitioner's representation dated 16.02.2023.

2. Now the grievance of the petitioner is that even though the petitioner is the owner of the property in possession by a registered deed and the patta is also standing in his name, the third respondent, who is the sister of the petitioner, making trouble. Now the harvest is also undertaken and for that purpose the above said petition has been filed.

3. The learned Government Advocate (Crl. Side) would submit that on the basis of the representation made by the petitioner, enquiry was undertaken in C.No.G4/2886/392889/SP TEN/GDP/2022. During the course of enquiry, both sides appeared. They have stated that in respect of the above said property, suit in O.S.No.266 of 2022 is also pending before the Additional District Court, Tenkasi, and they will resolve their issue in the above said pending suit. On the basis of the above said undertaking given by the both side, the representation which was given by the petitioner is closed.

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4. Now the grievance of the petitioner is that after above said closure of the complaint, again trouble has been made by the third respondent, when harvesting is going to be undertaken.

5. Since the suit is pending before the Additional District Court, Tenkasi, the parties have to workout their remedy through the pending suit only. There is no question of life threat to the petitioner. By giving color as if the second respondent is making life threat, the above said representation has been sent. Actual the dispute between the parties is over the property. Since the suit is also pending, no Police protection can be granted to the petitioner.

6. In view of the above, I find no reason to entertain this petition. Hence, this petition deserves dismissal and accordingly dismissed. 06.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/5

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

2.The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 06.03.2023 5/5