Madras High CourtCRL OP(MD)/11810/2021disposed of

Gunasekaran v. The Deputy Superintendent Of Police

2021-08-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Gunasekaran ... Petitioner Vs.

1.The State represented by The Deputy Superintendent of Police, Manapparai, 2.The Sub-Inspector of Police, Valanadu Police Station, 3.The Survayer, Valandu, 4.The Tahsildar, Marungapuri Taluk, 5.Thandavarayan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner for his life and limb for peaceful enjoyment of his share of property by taking into consideration of petitioner's representation dated 01.07.2021 in CSR No.192/2021 on the file of the second respondent within a time frame fixed by this Court.

For Petitioner : Mr.M.Pitchai Muthu For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the respondents 1 and 2 to provide adequate police protection based upon the representation dated 01.07.2021 for the purpose of demarcating the land situated in patta No.825, Marungapurai Circle, Valanadu Village, Thoppupatti, Trichy District.

2. The learned counsel for the petitioner would submit that the petitioner is in possession of the property which is mentioned in 1/3

the petition and he took steps for measuring the same and for demarcating purpose. The fifth respondent, who is the cousin brother, is making trouble and on that basis, the petitioner made a representation.

3. The learned Additional Public Prosecutor submits that based upon the representation made by the petitioner enquiry has been undertaken in CSR No.192 of 2021 and during the course of enquiry the fifth respondent appeared and gave a statement to the effect that it is an ancestral property and he will work out his remedy before the civil forum and on that basis, it came to be closed on 18.08.2021.

4. It is appears that it is a partition dispute between the petitioner and the fifth respondent herein. As per the undertaking given by the fifth respondent, the petitioner as well as the fifth respondent have to work out their remedy through appropriate proceedings before the appropriate forum. The question of granting police protection may not arise in such circumstances.

5. With the above said liberty, this petition is disposed of. Sd/- Assistant Registrar (Cs-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 State represented by The Deputy Superintendent of Police, Manapparai, 2.The Sub-Inspector of Police, Valanadu Police Station, 3.The Survayer, Valandu, 2/3

4.The Tahsildar, Marungapuri Taluk, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

19.08.2021 DJ(CO) KB(31.08.2021) 3P 6C 3/3