P.L.Natarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNA KUMAR Crl.O.P.(MD).No.11150 of 2018 P.L.Natarajan .. Petitioner Vs.

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

2.The State rep. by, The Inspector of Police, Theni Police Station, Theni.

.. Respondents PRYER: This Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the respondents to register a case based on the complaint made by the petitioner dated 10.04.2018. For Petitioner : Mr.R.Saravanan For Respondents : Mr.K.Suyambulingabharathi Government Advocate (Criminal side)

O R D E R

This petition has been filed seeking a direction to the respondents to register a case based on the petitioner's compliant dated 10.04.2018.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondents.

3. According to the petitioner, the petitioner is having a vacant land bearing Door No.11A and his brother namely, Annamalai is having house property bearing Door Nos.11B and 11C situated at Pankajam House Street, Theni. That being so, the petitioner's brother Annamalai had rented the house to one Shilpa Naveen by way of rental agreement. Thereafter, the said Shilpa Naveen also utilised the petitioner's vacant land without getting the petitioner's permission. When the same was questioned by the petitioner, the said Shilpa Naveen threatened him by stating that she will foist a false case against the petitioner and his brother https://hcservices.ecourts.gov.in/hcservices/

with the help of her father-in-law, namely, Palanikumar, who is working as ADSP, Theni. Hence, the petitioner made a complaint before the respondent police. But, no action has been taken on his complaint so far. Hence, the petitioner is before this Court.

4. When the matter is taken up for hearing, the learned Government Advocate (Criminal side) on instructions, would submit that the petitioner's complaint was enquired by the respondent police. Since the dispute between the petitioner and the proposed accused is purely civil in nature, the complaint has been closed.

5. At this juncture, the learned counsel for the petitioner seeks liberty to the petitioner to work out his remedy before the concerned Court under the provisions of law.

6. Recording the submission made by the learned Government Advocate (Criminal side), the Criminal Original Petition is dismissed. However, liberty is given to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Theni Police Station, Theni.

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

+1 CC to Mr.R.SARAVANAN, Advocate in SR.No.71324 PJL RJ/RP/SAR-3/20/07/2018 - 2P/5C Crl.O.P.(MD).No.11150 of 2018 05.07.2018 https://hcservices.ecourts.gov.in/hcservices/