Aayisha Beevi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2023 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Aayisha Beevi ... Petitioner Vs.

1.The Superintendent of Police, Officer of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent not to interfere into the civil dispute between the petitioner and the revenue officials in respect of the Survey No.2/1, situated at Silaiman Village, Madurai District pending disposal of the suit in O.S.No.158 of 2022 on the file of the District Munsif Madurai Taluk and not provide any police protection for demolish the residential house of the petitioner by considering the petitioner's representation dated 12.04.2023. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents 1 to 3 : Mr.S.Manikandan Government Advocate (Crl. Side)

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C 1/4

praying to direct the second respondent not to interfere into the civil dispute between the petitioner and the revenue officials in respect of the Survey No. 2/1, situated at Silaiman Village, Madurai District pending disposal of the suit in O.S.No.158 of 2022 on the file of the District Munsif Madurai Taluk and not provide any police protection for demolish the residential house of the petitioner by considering the petitioner's representation dated 12.04.2023.

2.The learned counsel for the petitioner would submit that the petitioner is seeking a direction not to interfere in the civil dispute. He is claiming that the civil suit is pending in O.S.No.158 of 2022 before the learned District Munsif, Madurai and prayed a direction not to disturb his possession.

3.Mr.S.Manikandan, learned Government Advocate, who accepts notice on behalf of the respondents, on instructions, would contend that the property belonged to PWD. The petitioner is an encroacher. The respondent police gave protection on the basis of the complaint filed by the PWD. 4.In view of the aforesaid submission, no such injunction order can be granted in the criminal proceedings. The prayer sought by the petitioner 2/4

could not be entertained by this Court. Hence, this Criminal Original Petition is dismissed. No Costs.

04.05.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No Mrn To 1.The Superintendent of Police, Officer of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Silaiman Police Station, Madurai District.

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

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R.THARANI, J., Mrn 04.05.2023 4/4