Madras High CourtCRL OP(MD)/18745/2016dismissed

C.Pothumanisalai v. The District Superintendent Of

2016-12-08Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.18745 of 2016 C.Pothumanisalai ..Petitioner -Vs1. The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Narikudi Police Station, Virudhunagar District.

3. The Tahsildar, Thiruchuli, Virudhunagar District.

4. Muthumanickam

5. Murugan ..Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Respondents 1 and 2 to give police protection to the petitioner for removing the grown up "Karuvela trees" and "Neem trees" from the petitioner land bearing Survey No.21/2A, 21/2B, situated at Velaathapuram Village, Tiruchuli Taluk, and Virudhunagar District, for protecting his agricultural well and ground water.

For Petitioner: Mr.R.Murugappan For R1 to R3 : Mr.A.P.Balasubramanian Government Advocate(Crl.Side) For R4 and R5 : Mr.V.Perumal

O R D E R

This petition has been filed to direct the Respondents 1 and 2 to give police protection to the petitioner for removing the grown up "Karuvela trees" and "Neem trees" from the petitioner land bearing Survey No. 21/2A, 21/2B, situated at Velaathapuram village, Tiruchuli Taluk, and Virudhunagar District for protecting his agricultural well and ground water.

2. Heard both side counsels and perused the materials available on record.

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3. In this case, the learned counsel for the petitioner stated that the Suit in O.S.No.314 of 2007 filed by the

petitioner for the title of the property in dispute, is still pending before the District Munsif Court, Aruppukottai. In the meanwhile, he filed this petition for removing the Karuvela Trees in his land.

4. Considering the facts and circumstances, this Court is of the view that since the suit is pending, this Petition filed by the petitioner seeking police protection is not at all maintainable and accordingly, this Criminal Original Petition is dismissed.

Sd/- Deputy Registrar /True Copy/ Sub Assistant Registrar(CS) To:

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

2. The Inspector of Police, Narikudi Police Station, Virudhunagar District.

3. The Tahsildar, Thiruchuli, Virudhunagar District.

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

+1cc to M/s.V.Perumal, Advocate in SR.80022 Crl.O.P.(MD) No.18745 of 2016 08.12.2016 pjl PBK/EM-MPA 06/01/2017 ::2P-6C:

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