M.Jeyasudha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.6072 of 2023 M.Jeyasudha ... Petitioner Vs.

1.The Superintendent of Police Thanjavur, Thanjavur District.

2.The Deputy Superintendent of Police, Pattukottai Police Station, Thanjavur District 3.The Inspector of Police Sethubavachathiram Police Station, Thanjavur District.

4.M.Sounthararajan 5.S.Manikandan ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to direct the 3rd respondent to give police protection for the petitioner at the time of put 1/5

up fencing her properties in Survey Nos.226/3A2, 226/3B3 and 225/1C1 on the basis of the petitioner's complaint, dated 09.02.2023 in the light of the order passed by this Court in W.P.(MD)No.2803 of 2022 dated 11.02.2022.

For Petitioner : Mr.K.Sathishkumar For Respondents : Mr.B.Thanga Aravindh, - for R1 to R3 Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed seeking for police protection to the petitioner for protection of the property belonging to the petitioner in Survey Nos.226/3A2, 226/3B3 and 225/1C1, at the time of fencing.

2. It is submitted by the learned counsel for the petitioner that the petitioner's father-in-law has purchased the landed property in Survey No.226/3A2, 226/3B3 by way of registered sale deed, whereas, the petitioner's husband has purchased landed property in Survey No.225/1C, under registered sale deed from third parties. When there was a dispute with regard to the property, the petitioner sought for survey and the 2/5

officials have executed survey and fixed the boundaries. It is submitted that after completion of survey when the petitioner wanted to fence the land as per the survey report, the unofficial respondents 4 and 5 who have no connection with land, have obstructed the same. At this juncture, the petitioner has sought for police protection which is not granted by the police concerned.

3. The dispute between the petitioner and the 4 and 5 respondents is purely civil in nature. It appears that the 4 and 5 respondents have got some grievance in respect of the schedule of properties which are being claimed by the petitioner. When any dispute in respect of immovable properties between the petitioner and the 4 and 5 respondents, the police cannot obviously interfere and give protection to one of the parties. The petitioner is expected to approach the civil Court, to obtain appropriate orders including seeking for police protection. However, in the context of the circumstances explained by the petitioner, the police cannot give police protection. Therefore, this Criminal Original Petition is liable to be dismissed.

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5. This Criminal Original Petition is dismissed. 05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Superintendent of Police, Thanjavur, Thanjavur District. 2.The Deputy Superintendent of Police, Pattukottai Police Station, Thanjavur District.

3.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR. D.NAGARJUN, J.

pnn

ORDER

IN Crl.O.P.(MD)No.6072 of 2023 Date: 05.07.2023 5/5