Madras High CourtCRL OP(MD)/11060/2020dismissed

Petchiammal v. The Superintendent Of Police

2020-10-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11060 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11060 of 2020 Petchiammal ... Petitioner Vs.

1.The Superintendent of Police, Tuticorin.

2.The Inspector of Police, Kayathar Police Station, Tuticorin District.

3.Ayyadurai 4.Murugaiah 5.Karuppasamy ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents police to provide adequate police protection to the petitioner and her family members to fence her land situated in Survey Nos. 129/1, 129/2, 129/3, 129/4, 129/5 and 129/7, Kayatharu Village Kovilpatti Taluk, Tuticorin District. For Petitioner : Mr.R.Rajamohan For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 to R5 : Mr.Sorimuthu

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to give police protection for fencing the petition mentioned properties. 3.At this stage, the learned counsel for the intervenor points out that a civil suit has already been filed in O.S.No.146 of 2020 before the District Munsif Court, Kovilpatti and that the next hearing date is 09.11.2020. Since the civil Court is already seized of the matter and there is no enforceable decree in favour of the https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11060 of 2020 petitioner herein, the question of granting relief under Section 482 of Cr.P.C, does not arise. Leaving open the rights of the parties, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 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, Tuticorin.

2.The Inspector of Police, Kayathar Police Station, Tuticorin District.

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

+2 CC to M/s.V. SORIMUTHU, Advocate ( SR-19690[F] dated 12/10/2020 ) Crl.O.P(MD)No.11060 of 2020 09.10.2020 das SDS (22.10.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/4