K.Kumaresan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN K.Kumaresan ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

3.Murugesan (R3 is suo moto impleaded as per the order of this Court dated 31.03.2023) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to the respondents to provide adequate police protection to the petitioner and his family members life and limb on the basis of the petitioner's representation dated 02.02.2023. For petitioner : Mr.K.G.Arun Kumar For Respondents : Mr.M.Vaikkam Karunanithi 1 and 2 Government Advocate (Crl. Side) 1/4

For 3rd Respondent : Mr.N.Balakrishnan O R D E R This petition has been filed seeking direction to the respondents to provide adequate police protection to the petitioner and his family members life and limb on the basis of the petitioner's representation dated 02.02.2023.

2.Earlier the matter was referred to mediation, but there was no settlement between the parties. Now making counter allegations stating that other parties are not appeared. Since the said issue between the brothers, now the third respondent is stated to be in the occupation of the disputed premises now. On what ground he is in occupation cannot be matter for consideration by this Court in this petition. If the petitioner wants to occupy the property by removing the third respondent from the above said premises, he can work out his remedy through proper civil process. The efforts made by this court to sort out the issue by referring the matter to mediation also failed. Granting of police protection to the petitioner for the purpose of removing the third respondent from the disputed premises is not the job of the either of the second respondent or this Court.

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3.In view of the above, I find absolutely, no reason to grant any police protection to the petitioner. This petition deserves to be dismissed.

4.Accordingly, this criminal original petition stands dismissed with liberty to the petitioner to work out his remedy through proper civil process.

12.10.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No vsg To 1.The Superintendent of Police, Pudukkottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN. J.

vsg 12.10.2023 4/4