K.Prasanna Pandian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Prasanna Pandian Principal, S/o.G.Kamatch, Door No.9, 701, Manju Block, Chitra Avenue, Choolaimedu Main Road, Choolaimedu, Chennai - 94.

Rep. through the Power Agent, P.Venkateswari, W/o.Pandi, Door No.5/79-A, S.Kottaipatti, Kudiseri, Madurai District.

... Petitioner vs.

1.The Superintendent of Police, O/o.Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District.

3.P.Sakthivel 4.K.Marimuthu 5.S.Chellakannu ... Respondents 1/5

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to instruct the 2nd respondent to give police protection to the life and limb of the petitioner and his family members on the basis of the complaint dated 13.04.2023. For Petitioner : Mr.P.Kannan For R1, R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For R3 to R5 : No appearance

ORDER

This petition is filed seeking for a direction to the respondent Police to give protection basing on representation dated 13.04.2023, on the ground that he is the owner and in possession of schedule of property and R3 to R5 have been trying to disposes the petitioner.

2. The learned Additional Public Prosecutor submits that the petitioner though has got a registered sale deed in respect of the property being claimed by him, the rival claims are being made by R3 to R5 stating that they have got a right over the schedule of property. It is also submitted that at the time of conducting 2/5

survey on 11.08.2022, on account of disputes with R3 to R5, police have given protection, thereby survey was conducted, however, since there is a dispute in respect of title of the schedule property, the police cannot provide protection, accordingly, the representation dated 13.04.2023 was closed.

3. Since the dispute between the petitioner and R3 to R5 is purely civil in nature, the petitioner should approach the civil court and file an appropriate suit and on obtaining a suitable direction from the civil court, certainly the police shall provide protection for fencing the property of the petitioner.

4. With this observations, the Criminal Original Petition is disposed of. 16.08.2023 Speaking / Non-speaking order NCC : Yes / No Index : Yes / No mbi 3/5

To 1.The Superintendent of Police, O/o.Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District.

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

4/5

DR.D.NAGARJUN, J.

mbi 16.08.2023 5/5