K.Chelladurai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM K.Chelladurai

...Petitioner

Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

3.P.Selvam

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue a direction directing the respondents to give police protection for the petitioner life and limp and for enjoying his property in T.S.No.792, based on the representation dated on 20.04.2022.

For Petitioners : Mr.A.Senthilkumar For R1 - R2 : Mr.R.Sureshkumar Government Advocate (Crl.side)

ORDER

This petition has been filed seeking a direction to direct the respndents to give police protection to the petitioner's life and limp and for 1/4

enjoying his property in T.S.No.792, based on his representation dated 20.04.2022.

2.The learned counsel appearing for the petitioner submitted that the petitioner has purchased the property in T.S.No.792 to an extent of 3613 sq.ft. situated at Karambakudi from one Sivasamy, through his power agent, namely Sundar by registered sale deed, dated 1110.2021. Now the third respondent being the brother of petitioner's vendor Sivasamy created a problem. Hence, the power agent namely Sundar lodged a complaint before the second respondent police seeking police protection. Since no action was taken on the said complaint, the present criminal original petition has been filed. 3.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the petitioner previously gave a complaint against the third respondent, which was enquired in CSR.No.709 of 2022 and the same was closed on 06.11.2021. Subsequently, the petitioner gave a representation on 20.04.2022 before the respondent against the third respondent for the same cause of action. Hence, this criminal original petition is liable to be dismissed.

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4.I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.

5.A perusal of records reveals the fact that the petitioner has purchased the property in T.S.No.792 to an extent of 3613 sq.ft. situated at Karambakudi from one Sivasamy, through his power agent, namely Sundar by registered sale deed, dated 11.10.2021. In this regard, there was dispute between the petitioner and the third respondent. Hence, the petitioner gave a complaint before the respondent police, which was enquired by them and the same was closed. Subsequently, the petitioner gave a complaint on 20.04.2022 before the respondent police to take action against the third respondent. Since there is a dispute between the parties, the second respondent is hereby directed to enquire into the petitioner's complaint and take suitable action on merits.

6. With the above direction, this Criminal Original Petition is closed. 05.07.2022 Index : Yes / No Internet : Yes/ No vsd 3/4

V.SIVAGNANAM, J.

vsd To 1.The Superintendent of Police, Office of Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

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