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Madras High CourtCRL OP(MD)/10345/2021disposed of

Angusamy v. The Superintendent Of Police

2021-08-24Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10345 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10345 of 2021 Angusamy ... Petitioner Vs.

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.

3.Govindan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondents 1 & 2 to provide adequate police protection to the petitioner and his family members life and limb with the peaceful enjoyment of the petitioner's property comprised in Survey No.234/4 to an extent of 35 Cents situated at Kodimangalam, Elayangudi Taluk, Sivagangai District from the third respondent, based on the representation dated 16.07.2021. For Petitioner : Mr.K.Malaimaran For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondents 1 & 2 to provide adequate police protection to the petitioner and his family members based on the representation dated 16.07.2021.

2. When the matter was taken up for hearing on 02.08.2021, the learned Additional Public Prosecutor submitted that based upon the complaint given by the petitioner enquiry was undertaken in CSR No.579 of 2021 and during the course of enquiry, the parties were advised to work out their remedy before the appropriate civil court through appropriate proceedings and it was closed on 25.07.2021.

3. It appears that the petitioner also gave an undertaking to the effect that he will work out remedy through civil process. The third respondent also appears to have given such a statement to the effect that he will work his remedy through civil process. It appears that there is a land dispute between the petitioner and the third respondent herein whether it was a leasehold interest or not, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10345 of 2020 whether lease period ended or not cannot be a matter for consideration by the second respondent herein. As advised by the second respondent, the parties have to work out their remedy through civil process. The question of granting police protection in the disputed property will not arise.

4. With the above said liberty, this petition is disposed of. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.

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

Crl.O..P.(MD)No.10345 of 2021 24.08.2021 RD(3.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2