Madras High CourtCRL OP(MD)/12169/2022disposed of

C. Pandiyan v. The Superintendent Of Police

2022-07-07Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.12169 of 2022 C.Pandiyan ... Petitioner Vs

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

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

3. Muthu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue a direction, to the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner's peaceful possession and enjoyment in the property comprised in Survey No.289/2A to an extent of 4.41.50 Ares (11 Acres), situated at Pallathur Village, Vadugapatti, Thirupathur Taluk, Sivagangai District, based on the representation dated 31.05.2022.

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For Petitioner : Mr.A.Ilayaraja For R1 and R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to the respondents 1 and 2 to provide adequate police protection to the life and limb of the petitioner's peaceful possession and enjoyment in the property comprised in Survey No.289/2A to an extent of 4.41.50 Ares (11 Acres), situated at Pallathur Village, Vadugapatti, Thirupathur Taluk, Sivagangai District, based on the representation, dated 31.05.2022.

2. The learned counsel for the petitioner submitted that there is a dispute between the petitioner and the third respondent pertaining to land in Survey No.289/2A to an extent of 4.41.50 Ares (11 Acres), situated at Pallathur Village, Vadugapatti, Thirupathur Taluk, Sivagangai. In this connection, the petitioner gave a complaint to the second respondent on 31.05.2022, but he has not taken any action. Hence, this present petition has been filed.

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3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 submitted that after receiving the complaint the respondent police assigned C.S.R.No.110 of 2022, dated 08.06.2022 and issued summon to the parties to produce the respective documents. The petitioner is not turned up, the third respondent appeared and produced the documents and represented that the matter is civil dispute. Thereafter, the respondent police closed the complaint.

4. I have considered the rival submissions.

5. The learned counsel for the petitioner submitted that he is ready to give a fresh representation to the respondents for consideration and ready to appear before the police station for enquiry.

6. Recording the same, if any fresh representation is given by the petitioner, the second respondent is directed to consider the same and to take suitable action and pass orders on merits and in accordance with law. 3/5

7. With the above direction, this Criminal Original Petition is disposed of.

07.07.2022 Internet:Yes./No Index:Yes/no ebsi To

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

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

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

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V.SIVAGNANAM, J.

ebsi ORDER IN CRL.O.P (MD) No.12169 of 2022 07.07.2022 5/5