S. Loganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.9853 of 2018 S.Loganathan ... Petitioner Vs.

1.The Inspector of Police, Memissal Police Station, Avudaiyar Koil Taluk, Pudukottai District.

2.T.Subbammal 3.Vasuki 4.Murugesan

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to provide police protection to the life and limb of the petitioner and his property at Memissal, Pudukottai District on the basis of the representation, dated 31.05.2018.

For Petitioner :

Ms.V.Jeyarani For R1 :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent police to provide police protection to the life and limb of the petitioner and his property at Memissal, Pudukottai District on the basis of the representation of the petitioner dated 31.05.2018.

2.The petitioner filed a suit for declaration in O.S.No.93 of 2016 on the file of the District Munsif Court, Aranthangi, since there was a boundary dispute between the petitioner and the respondents herein. He obtained decree in that suit in his favour. Hence, the respondents herein removed the fence put up by them in the property of the petitioner and the petitioner is enjoying the property without any hindrance. While so, the respondents 2 to 4 are said to have made a fence again to the petitioner's property, when the petitioner went to his native. Hence, the petitioner submitted a representation to the respondent police on 28.05.2018 for police protection. But, no action has been taken by the https://hcservices.ecourts.gov.in/hcservices/

respondent police. Hence, the petitioner filed the present petition with the aforesaid prayer.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the complaint of the petitioner was enquired and the same was closed as Civil dispute. Therefore, the petitioner can approach the concerned Civil Court to seek his remedy.

4.In reply, the learned counsel for the petitioner submitted that liberty may be granted to the petitioner to approach the concerned Civil Court.

5. In view of the above submissions made by both the parties, this Criminal Original Petition is dismissed with liberty to the petitioner to approach the Civil court to seek his remedy. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, Memissal Police Station, Avudaiyar Koil Taluk, Pudukottai District.

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

+1cc to Mr.V.Jeyarani, Advocate, SR.No.68690. Crl.O.P.(MD)No.9853 of 2018 19.06.2018 ta RAM/JC/SAR 3/03.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/