Madras High CourtCRL OP(MD)/8557/2021dismissed

K.Sivajothiraj v. The Superintendent Of Police

2021-06-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8557 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8557 of 2021 K.Sivajothiraj ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Sub-Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

3.Antony Raj 4.Saroja ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 herein to give adequate police protection to the life and limb of the petitioner and his Poultry Farm situated in Re-Survey No.119/19 at Keelamangalam Village, Ottapidaram Taluk, Thoothukudi District and their men.

For Petitioner : Mr.K.Vamanan For Respondents 1 & 2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the respondents 1 and 2 to provide adequate police protection to the petitioner and his Poultry Farm situated in Re-Survey No.119/19 at Keelamangalam Village, Ottapidaram Taluk, Thoothukudi District.

2. The case of the petitioner is that he is running a Poultry Farm in Re-Survey No.119/19 at Keelamangalam Village, Ottapidaram Taluk, Thoothukudi District. Originally, the property belonged to his father Kasi. After his demise, his brother Ganaraj, started the Poultry Farm in the year 2013. Later, he died on 13.09.2014. The business was taken over by the petitioner and now he is running the same by mortgaging the property and getting loan. The third respondent being the brother of the petitioner and the fourth respondent, the wife of the deceased brother Ganaraj came to the Poultry Farm and are obstructing the petitioner from running the business. Hence, he gave a complaint to the second respondent on 31.03.2021. Inspite of that, there is no proper steps. Hence the petition.

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Crl.O.P.(MD)No.8557 of 2021

3. The learned Additional Public Prosecutor would submit that based upon the complaint given by this petitioner, enquiry was conducted in CSR.No.144 of 2021 and it was closed on 28.04.2021, observing that it is a dispute between the family members with regard to business. Later also, trouble arose between them. So, the second respondent gave recommendation to the Tahsildhar, Thoothukudi to conduct a Peace Committee Meeting. However, due to the pandemic situation, Peace Committee Meeting could not be conducted so far. So, according to the learned Additional Public Prosecutor, the question of granting police protection does not arise. It is a dispute between the family members and they have to workout their remedy before the Tahsildhar, Thoothukudi or before the Civil Court.

4. Since it is a civil dispute, the question of granting police protection does not arise in this matter. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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, Thoothukudi District.

2.The Sub-Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

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

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