Madras High CourtCRL OP(MD)/8146/2017dismissed

Periyasamy v. The Superintendent Of Police

2017-10-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8146 of 2017 Periyasamy ... Petitioner -vs1. The Superintendant of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, Devakottai Taluk Police Station, Devakottai, Sivagangai District.

3. Subbiah

4. Ramanathan .. Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the second respondent to provide adequate police protection to the petitioner's life and limb at the time of survey of the petitioner's land on the basis of the petitioner's representation dated 12.06.2017.

For Petitioner :

Mr.S.Muthukumar For R1 and R2 :

Mr.K.Anbarasan Government Advocate(Crl.side)

O R D E R

This Criminal Original petition has been filed to direct the second respondent to provide adequate police protection to the petitioner life and limb at the time of survey of the petitioner's land on the basis of the petitioner's representation dated 12.06.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the first and second respondents.

3. The third and fourth respondents are the persons who were holding the ownership of the above property, which is in dispute. However the learned counsel for the third and fourth respondents, even earlier submitted that they have already sold the above property to another person long back and therefore the purchaser https://hcservices.ecourts.gov.in/hcservices/

is a necessary party to be heard. However the petitioner is not inclined to implead that purchaser.

4. Hence the Criminal Original Petition is dismissed only on the on the ground that he has not impleaded the necessary parties before this Court, despite this Court reminding the learned counsel for the petitioner that the nature of dispute and necessity to implead the purchaser as party to this petition, the learned counsel for the petitioner still resists and states that they are not necessary parities. Hence this Criminal Original Petition is closed with a cost of Rs.2,000/-(Rupees two thousand only) in favour of the Honourable Chief Justice Relief Fund, Madras High Court, Madras.

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

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

2. The Inspector of Police, Devakottai Taluk Police Station, Devakottai, Sivagangai District.

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

Copy To:-

1. The Registrar (Admn.,) Madurai Bench of Madras High Court, Madurai.

2. The Deputy Registrar (Accounts), Madurai Bench of Madras High Court, Madurai.

3. The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai. + 1 CC TO Mr.S.MUTHUKUMAR, ADVOCATE IN SR No. 68523 + 1 CC TO Mr.AL.KANNAN, ADVOCATE IN SR No. 68560 CMR/IS TE/GT/SAR-IV : 23/08/2017 : 2P/9C Crl.O.P.(MD) No.8146 of 2017 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/