Madras High CourtCRL OP(MD)/11806/2022dismissed

M.Duraiyappa v. The Deputy Superintendent Of Police

2024-02-13Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Duraiyappa ... Petitioner Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi District.

2.The State Rep. by The Inspector of Police, Ilathur Police Station, Ilathur, Tenkasi District.

3.Abdulsamath 4.Aminal Beevi 5.Sheik Muhamed 6.Siradeen 7.Mohamed Sulaiman 8.Rasak 9.Malliga 10.Thambiraj 11.Balaji 12.Deivakani ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 particularly the second respondent to give suitable police protection for the life and limb of the petitioner and his family from the illegal act of the respondents 3 to 12 and also for doing agricultural operation and cultivation in 1/4

the property bearing S.No.279/1B measuring to an extent of 68 cents situated at Valasai Village, Shenkottai Taluk, Tenkasi District pending disposal of the civil suit vide O.S.No.52 of 2021 on the file of the District Munsif Court, Shenkottai, Tenkasi District forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.S.Manikandan Government Advocate (Crl. side) for R1 & R2

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 particularly the second respondent to give suitable police protection for the life and limb of the petitioner and his family from the illegal act of the respondents 3 to 12 and also for doing agricultural operation and cultivation in the property bearing S.No.279/1B measuring to an extent of 68 cents situated at Valasai Village, Shenkottai Taluk, Tenkasi District pending disposal of the civil suit vide O.S.No.52 of 2021 on the file of the District Munsif Court, Shenkottai, Tenkasi District forthwith.

2.The case of the petitioner is that there was a property dispute between the petitioner and the private respondents, for which, the petitioner filed a suit in O.S.No.52 of 2021 on the file of the District Munsif Court, Shenkottai for an 2/4

appropriate relief. However, during the pendency of the suit, the private respondents interfered with the petitioner's property. Thereby, the petitioner made a representation to the respondents 1 and 2 to give adequate police protection, but the same was not considered. Hence, the present petition is filed. 3.The learned counsel for the petitioner would submit that this Court may issue a direction to the respondents 1 and 2 to consider the petitioner's representation and pass appropriate orders.

4.The learned Government Advocate (Crl. side) would submit that during the pendency of this petition, enquiry was conducted and the same was closed on 03.06.2022.

5.In view of the above, no further order is necessary in this petition. Hence, this Criminal Original Petition is dismissed with liberty to the petitioner to workout his remedy before the Civil Court, where the civil suit is pending. Index : Yes/No 13.02.2024 Internet : Yes/No NCC : Yes/No Sji 3/4

M.DHANDAPANI, J.

Sji To 1.The District Munsif Court, Shenkottai, Tenkasi District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi District.

3.The Inspector of Police, Ilathur Police Station, Ilathur, Tenkasi District.

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

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