Madras High CourtCRL OP(MD)/11480/2021dismissed

Ganapathy v. The Superintendent Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11480 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11480 of 2021 Ganapathy ... Petitioner Vs 1.The Superintendent of Police, Office of Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

3.Shanmugaraj 4.Shanmugam 5.Sivan 6.Gurusamy ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 to provide police protection to life and limb of the petitioner on the basis of the complaint given by the petitioner dated 02.08.2021 against the respondents 3 to 6.

For Petitioner : Mr.S.Muthumalai Raja For R1 & R2 : Mr.M.Veeranthiran Government Advocate For R3 to R6 : Mr.S.Ramasamy

ORDER

The petitioner seeks police protection based on his complaint dated 02.08.2021 against the private respondents.

2. According to the petitioner, he is validly holding the office of the trustee of the said temple and that the private respondents are interfering with his functions without any justification.

3. The counsel for the private respondents submitted that the petitioner has already filed O.S.No.87 of 2021 on the file of the https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11480 of 2021 Principal District Munsif Court, Thoothukudi. If the petitioner obtains any interim order against the private respondents in the said civil suit, I can consider for granting some relief. If the petitioner is not having any enforceable order of the civil Court, the question of granting relief in this petition will not arise at all.

4. Leaving open the petitioner's rights and granting him liberty to pursue the civil suit already filed by him, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Office of Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

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

Copy to The Principal District Munsif, Thoothukudi.

Crl.O.P(MD)No.11480 of 2021 17.11.2021 RK(02/12/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4