Madras High CourtCRL OP(MD)/4894/2020dismissed

K.Duraisamy v. The Superintendent Of Police

2020-03-19Honourable Mr Justice M.Dhandapani2 pages

Crl.O.P.[MD]No.4894 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P[MD]No.4894 of 2020 1.K.Duraisamy 2.T.Amalraj ... Petitioners Vs.

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

2.The Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.

3.Kannadasan 4.Alagi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first and second respondents to provide police protection from third and fourth respondent and their men to the petitioners for enjoying their property situated at Survey No.466/3D, Survey No.466/IA and Survey No.466/IC of Puthanatham Village, Manapparai Taluk, Trichy District. For Petitioners : Mr.B.Rajesh Saravanan For Respondents 1&2 : Mrs.S.Bharathi, Government Advocate [Crl. Side]

O R D E R

This petition is filed for a direction to direct the first and second respondents to provide police protection from third and fourth respondents and their men to the petitioners for enjoying their property situated at Survey No.466/3D, Survey No.466/IA and Survey No.466/IC of Puthanatham Village, Manapparai Taluk, Trichy District.

2.The learned Counsel for the petitioners would submit that thought the petitioners have already filed a suit against the private respondents and obtained a decree, even thereafter, the private respondents are interfering with the possession of the petitioners. Hence, the present petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.4894 of 2020 3.The learned Government Advocate [Crl. Side] appearing for the respondent police would submit that already the petitioners have obtained a decree. If at all, they have any grievance, it is for the petitioners to file appropriate petitioner before the trial Court. 4.Considering the facts and circumstances of the case, it appears that already the petitioners have obtained a decree against the private respondents. Hence, this petition is not maintainable. It is always open to the petitioners to file appropriate petition before the trial Court and workout their remedy in the manner known to law.

5.Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) MR To 1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, Puthanatham Police Station, Puthanatham, Trichy District.

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

+1 CC to M/s.B.RAJESH SARAVANAN, Advocate ( SR-12620[F] dated 20/03/2020 ) CRL.O.P[MD]No.4894 of 2020 19.03.2020 KB(09.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2