Madras High CourtCRL OP(MD)/10308/2021disposed of

T.Kalyanavarathan v. The Superintendent Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10308 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10308 of 2021 T.Kalyanavarathan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District.

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

3.John Britto ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to provide police protection to the petitioner's life and limb and his family members from the third respondent and their men.

For Petitioner : Mr.B.Rajesh Saravanan For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the respondent to provide police protection to the life and limb of the petitioner based on the representation dated 16.07.2021. 2.When the matter is taken up for hearing, the learned counsel appearing for the petitioner would submit that he owns a residential property bearing Door.No.54/304, Mappillai Mudaliar Street, Kodaikanal. Due to his job, he was staying in Chennai and the third respondent herein is looking after the petitioner's property in his absence. When he came to Kodaikanal, he found that his house hold articles were found missing. On enquiry, the third respondent did not give any proper reply. So, based upon the above said incident, proper complaint has been lodged by the petitioner. On 15.07.2021, after returning from Dindigul, he found that his house was damaged. Hence, again he made representation seeking police protection. 3.The learned Additional Public Prosecutor would submit that based on the representation made by the petitioner, enquiry was https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10308 of 2021 undertaken and during the course of enquiry, it was found that both the parties did not have any document to show their title and right. Therefore, the parties are advised to approach the concerned civil Court and accordingly, it was closed on 22.07.2021. 4.Since the petitioner is not having any document to show his possession as well as title, the advice given by the second respondent is proper. So, the petitioner has to work out his remedy through appropriate civil proceedings. Question of granting police protection does not arise.

5.With the above said liberty, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Office of the Superintendent of Police, Dindigul, Dindigul District.

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

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

Crl.O.P.(MD)No.10308 of 2021 05.10.2021 NSN(CO)/RS (18.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2