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Madras High CourtCRL OP(MD)/8970/2022dismissed

S. Jeyasingh v. The Superintendent Of Police

2022-05-11Honourable Mr Justice M.Dhandapani2 pages

CRL.O.P (MD) No. 8970 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P (MD) No. 8970 of 2022 S.Jeyasingh ... Petitioner Vs 1.The Superintendent of Police, Theni District, Theni.

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

3.Govindaraj 4.Shenbagavalli 5.J.M.H.Imrankan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide sufficient Police protection to the petitioner's life and limb and his undivided property are situated at Theni District, Periyakulam Registration District, Theni Sub-Registration, Allinagaram Village, Thenikal Puduvayal wet land in Ayuan Survey No.419/4 admeasuring 32 cents, Survey No.420 admeasuring 37 cents and in Ayan Survey No.475/1 admeasuring 18 cents totally 87 cents. For Petitioner : Mr.A.Jeyaram, For R1 and R2 : Mr.S.Ravi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to provide sufficient Police protection to the petitioner's life and limb and his undivided property are situated at Theni District, Periyakulam Registration District, Thenu Sub-Registration, Allinagaram Village, Thenikal Puduvayal wet land in Ayuan Survey No.419/4 admeasuring 32 cents, Survey No.420 admeasuring 37 cents and in Ayan Survey No.475/1 admeasuring 18 cents totally 87 cents.

2.The learned counsel for the petitioner would submit that the petitioner is the owner of the above said property. The private respondents without any rights over the property, tried to enter into the property. Hence, the petitioner has made representations dated 26.04.2022 and 02.05.2022 to the respondents 1 and 2. Till today, no action has been taken. Hence, the present petition. He https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 8970 of 2022 would further submit that it would suffice, if a direction is given to the respondents 1 and 2 to consider the petitioner's representations dated 26.04.2022 and 02.05.2022 within the time as fixed by this Court.

3.The learned Additional Public Prosecutor appearing for the State would submit that already the petitioner lodged a complaint and the same was rejected on 08.05.2022 in CSR.No.354/2022. He would further submit that a suit in O.S.No.64 of 2018 on the file of the Additional District Judge (FTC), Theni, filed by the private respondents for partition, was decreed on 13.01.2020. Without challenging the same, the petitioner lodged the complaints and presently, filed this petition.

4. In view of the above, there existed civil dispute between the parties. The petitioner's complaint was rejected on 08.05.2022, without challenging the same, the petitioner has filed the present petition. Therefore, the prayer sought for by the petitioner cannot be granted. Accordingly, the Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to work out their remedy in the manner known to law.

Sd/- Vacation Officer/ Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) das/lr To 1.The Superintendent of Police, Theni District, Theni.

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A. JEYARAM, Advocate ( SR-23673[F] dated 12/05/2022 ) Order made in CRL.O.P (MD) No. 8970 of 2022 11.05.2022 NSN(CO) GC(18.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2