Madras High CourtCRL OP(MD)/7845/2022dismissed

Krishnaveni v. The Superintendent Of Police

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7845 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7845 of 2022 Krishnaveni

...Petitioner

Vs.

1.The State represented by The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District.

2.The Deputy Superintendent of Police, Thuckulay, Kanyakumari District.

3. The Inspector of Police, Palugal Police Station, Kanyakumari District.

4. Abhilash

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 to 3 herein to provide adequate police protection to the petitioner and his property and to carry on with the construction on the basis of her representation, dated 17.04.2022.

For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor For Respondents : Mr.K.P.Narayana Kumar No.4

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 herein to provide adequate police protection to the petitioner and his property and to carry on with the construction on the basis of her representation, dated 17.04.2022.

2. The case of the petitioner is that the compound wall owned by the petitioner fell due to heavy rain. Therefore, the petitioner intended to construct a compound wall. However, the fourth respondent restrained the petitioner from constructing collapsed compound wall. Thereafter, the fourth respondent filed the suit claiming damages in O.S.No.206 of 2021 on the file of the Sub-Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7845 of 2022 Kuzhithurai, in which, the Advocate Commissioner was also appointed and inspected the subject property. There is a civil dispute pending between the petitioner and the fourth respondent and as such, the prayer sought in this petition cannot be considered.

3. Therefore, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the civil Court for appropriate relief in the manner known to law, if so advised. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Mga To 1.The Superintendent of Police, Office of the Superintendent of Police, Kanyakumari District.

2.The Deputy Superintendent of Police, Thuckulay, Kanyakumari District.

3.The Inspector of Police, Palugal Police Station, Kanyakumari District.

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

+1 CC to M/s.K.P. NARAYANA KUMAR, Advocate ( SR-21705[F] dated 27/04/2022 ) Crl.O.P.(MD) No.7845 of 2022 27.04.2022 RD(25.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2