Santhiyagu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.11866 of 2022 Santhiyagu ... Petitioner Vs.

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

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

3.Vedamanickam

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first and second respondents not to harass the petitioner and his family as well as siblings and their respective families and the workers working in the petitioner's land in Survey No.48/1 of Chembar Village Group, Kalyarkovil Taluk, Sivagangai District, on the basis of the representation dated 15.06.2022. For Petitioner : Mr.V.Kannan For R-1 and R-2 : Mr.A.Albert James, Government Advocate (Criminal Side).

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ORDER

This Criminal Original Petition has been filed to direct the first and second respondents not to harass the petitioner, his family as well as siblings and their respective families and the workers working in the petitioner's land in Survey No.48/1 of Chembar Village Group, Kalyarkovil Taluk, Sivagangai District, on the basis of the representation dated 15.06.2022.

2. The facts of the case are that a land in Survey No.48/1 situated at Chembar Village Group, Kalayarkovil Taluk, Sivagangai District belongs to the petitioner's father. He used to grow Eucalyptus and Teakwood trees on the said land. After the demise of petitioner's father, the petitioner and his family members were in peaceful possession and enjoyment of the said land. While so, one Arockiam father of the third respondent, filed a petition before the District Revenue Officer, Sivagangai to cancel the patta in the name of the petitioner's father, which in turn, was allowed by the District Revenue Officer in his proceedings dated 28.07.2018. Against the said order, the petitioner filed a suit in O.S.No.97 of 2018 on the file of District Munsif Court, Sivagangai and the same is pending. The third respondent herein illegally threatened the 2/5

petitioner and his family by preventing them from harvesting the trees. The third respondent also gave a false complaint against the petitioner before the respondent Police. Thus, the third respondent preventing the petitioner from harvesting the trees. In this regard, the petitioner preferred a representation dated 15.06.2022 to the respondent Police. Since no action was taken, the present Criminal Original Petition has been filed.

3. The learned counsel for the petitioner submitted that there was a dispute between the petitioner and the third respondent. In this regard, a civil suit in O.S.No.97 of 2018 is pending on the file of District Munsif Court, Sivagangai. Meanwhile, the petitioner was harassed by the respondent Police and representation was also given to the respondent Police.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the complaint has been received from the third respondent against the petitioner. The petition has been enquired and closed by stating that the dispute between the parties is civil in nature and no complaint is pending against the petitioner.

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5. Recording the submissions made by the learned counsel for both the parties, this Criminal Original Petition is closed. 04.07.2022 Index : Yes / No Internet : Yes/ No Nsr To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

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

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V.SIVAGNANAM, J.

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