← Library
Madras High CourtCRL OP(MD)/7708/2022dismissed

M. Mariammal v. The Superirntendent Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7708 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7708 of 2022 M.Mariammal

...Petitioner

Vs.

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

2.The State represented by The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

3.A.Muniyasamy 4.M.Anthonyyammal 5.Innachiyammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the first respondent to give appropriate police protection to demolish the petitioner's 75 year old house in Survey Number: 6/2D1, Vasudevanallur, Sivagiri Circle, Tenkasi District, measuring an extent of 80 square feet, by considering the petitioner's Application, dated 11.04.2021.

For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R.1 & R.2

ORDER

This Criminal Original Petition has been filed to direct the first respondent to give appropriate police protection to demolish the petitioner's 75 year old house in Survey Number: 6/2D1, Vasudevanallur, Sivagiri Circle, Tenkasi District, with an extent of 80 square feet, by considering the petitioner's Application, dated 11.04.2021.

2. The petitioner owned the property situated in Survey Number: 6/2D1, Vasudevanallur, Sivagiri Circle, Tenkasi District, with an extent of 80 square feet. The house situated in the said property has become very old and in a dilapidated condition. Therefore, the petitioner intended to demolish the house for constructing a new house. However, the respondents 3 to 5 illegally interfered with the petitioner's construction and threatened him with filthy https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7708 of 2022 language. Therefore, the petitioner had lodged a complaint seeking police protection to the petitioner's house since there is a civil dispute between the petitioner and other private respondents 3 to 5 herein. Therefore, the police protection cannot be granted to the property for demolition. That apart, since there is no records to show that the petitioner obtained permission from the concerned Authority to demolish the property.

3. The Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the Civil Court, for appropriate relief, if so advised.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

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

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

Crl.O.P.(MD) No.7708 of 2022 26.04.2022 RD(25.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2