Madras High CourtCRL OP(MD)/9375/2022dismissed

Kannmani v. The Superintendent Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.(MD)No.9375 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19.05.2022

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD)No.9375 of 2022 1.Kannmani 2.Muthalaki ... Petitioners Vs 1.The Superintendent of Police, Trichy, Trichy District.

2.The Deputy Superintendent of Police, Lalgudi Division, Trichy.

3.The Inspector of Police, Lalgudi Police Station (Crime), Trichy District.

4.Kumanan 5.Kumar 6.Arunachalam 7.Suburamaniayan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 to 3 to give police protection to the petitioners and their family members and allow the petitioners to enter into their property without any unnecessary hindrance caused by 4th to 7th respondents. For Petitioners : Mr.S.B.Kayvin Prince For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to give police protection for the petitioners and their family members to enter into their property without the hindrance of the respondents 4 to 7.

2.The learned counsel for the petitioners submits that the petitioners are the owner of the property. The first petitioner is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9375 of 2022 the caretaker of the property. The ninth respondent encroached the petitioners' property and cut the trees stood in the said land. Hence, the petitioner lodged a complaint before the respondent police on 05.03.2022. Since no action was taken on the said complaint, the petitioners came before this Court by filing this petition.

3.This is a clear civil dispute. Therefore, the petitioners have to necessarily avail their remedy only before the jurisdictional civil court. If the petitioners file any civil suit, the same will be taken on file and any interlocutory application that may filed by the petitioners herein will be disposed of expeditiously by the concerned Court.

4.With this observation and direction, the criminal original petition is dismissed.

Sd/- Vacation Officer/ Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Superintendent of Police, Trichy, Trichy District.

2.The Deputy Superintendent of Police, Lalgudi Division, Trichy.

3.The Inspector of Police, Lalgudi Police Station (Crime), Trichy District.

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

Crl.O.P.(MD)No.9375 of 2022 19.05.2022 SE(CO)GC(02.06.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2