Madras High CourtCRL OP(MD)/10273/2021disposed of

Aavudaiappan.P v. The Superintendent Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10273 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.10273 of 2021 P.Aavudaiappan ... Petitioner vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Suthamalli Police Station Tirunelveli.

3.Esakki Thevar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to issue a direction directing the second respondent to give adequate police protection for erecting the fencing to the petitioner's land in S.No.186/32 situated at Melathiruvengadanathapuram, Suthamalli, Tirunelveli District based on his representation, dated 15.07.2021.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.M.Veeranthiran, Government Advocate for R1 & R2 Mr.M.Ramesh for R3

O R D E R

This Criminal Original Petition has been filed for directing the second respondent to provide protection to the petitioner to carry out the petition mentioned activity.

2. The petitioner and the third respondent are brothers and it appears that there is some dispute between them. Since the petitioner is not having any enforceable judgment or order from the jurisdictional civil Court, I am not in a position to grant the relief in this criminal original petition at this stage.

3. The learned counsel appearing for the petitioner stated that the petitioner intends to move the jurisdictional Court within a period of two weeks. If such suit is filed, the jurisdictional civil Court will number the same without delay and give disposal to the I.A., on merits and in accordance with law within a period of eight weeks thereafter.

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Crl.O.P.(MD)No.10273 of 2021

4. With this liberty to the petitioner to move the jurisdictional civil Court and with the above said direction to the jurisdictional civil Court, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) csm 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 Principal District Judge,Tirunelveli.(2C) (With a request to send a copy of this order to the concerned Jurisdictional Civil Court) 2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Suthamalli Police Station Tirunelveli.

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

Crl.O.P.(MD)No.10273 of 2021 06.12.2021 MGJ(17.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2