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Madras High CourtCRL OP(MD)/306/2019dismissed

L.Alagarsamy, v. The Superintendent Of Police,

2022-01-31Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR L.Alagarsamy ... Petitioner vs.

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

2.The Deputy Superintendent of Police, Usilampatti, Madurai District.

3.The Inspector of Police, Kallupatti Police Station, Madurai District.

4.Rajaguru 5.Anbukarasi 6.Ponnuthai 7.Saravanan 8.Veluthai 9.Gurumoorthy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to issue a direction, directing the respondents 1 to 3 to provide police protection to the petitioner's life and limb and property believed to be under threaten at the hands of accused persons by considering the petitioner's representation dated 08.11.2018. For Petitioner : Mr.K.G.Arun Kumar For Respondents :Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 to R3 Mr.Hema Karthikeyan for R6, R8, R9 No appearance for R4, R5, R7 1/3

O R D E R

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the respondents 1 to 3 to provide police protection to the petitioner's life and limb and property by considering the above representation made, dated 08.11.2018.

2.Admittedly, the petitioner is the brother of the respondents 4, 6 and 8, the fifth respondent is the wife of the fourth respondent, the seventh respondent is the son of the sixth respondent and the ninth respondent is the son of the eighth respondent.

3.Admittedly, a civil suit for partition is pending between the parties and an ex-parte injunction order has been passed. 4.The learned counsel for the private respondents would submit that the suit was decreed ex-parte and that the petition filed by the petitioner is pending before the Sub Court, Thirumangalam. 5.The learned Additional Public Prosecutor would submit that in pursuance of the direction of this Court, the petitioner as well as the respondents 6, 7 and 8 were present, that the private respondents have given a letter stating that they would settle the disputes before the competent civil Court and that they will not disturb or interfere with the pooja to be conducted in Kasiviswanathar Sivan temple and the petitioner has also given a letter stating that he has filed a petition before the High Court and he would obey the orders to be passed and that after enquiry and recording the submissions made by both the sides, the third respondent/Sub-Inspector of Police, Kallupatti Police Station has closed the petition on 02.01.2022.

6.Considering the above facts and circumstances and in view of the closure of the complaint by the third respondent, nothing survives for further adjudication.

7.In the result, this criminal original petition is dismissed. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) csm 2/3

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Usilampatti, Madurai District.

3.The Inspector of Police, Kallupatti Police Station, Madurai District.

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

31.01.2022 MGJ(24.02.2022) 3P 5C 3/3