P.Karuppiah v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN P.Karuppiah ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

3.Muthuramalingam 4.Rajagopal

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct respondents 1 & 2 to consider the petitioner's complaint dated 02.08.2021 and to give police protection for the petitioner for his life and limb.

For Petitioner : Mr.J.Jeyakumaran For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor.

ORDER

This petition has been filed to direct respondents 1 & 2 to consider the petitioner's complaint dated 02.08.2021 and to give police protection on the basis of the representation. 2.The learned counsel for the petitioner would submit that there is land dispute between the petitioner and the private respondents herein, in respect of which, the petitioner has filed suit in O.S.No.95 of 2018, seeking permanent injunction against Fathima Beevi and Arunachala Gandhi, which is pending before the District Munsif Court, Tirunelveli. The grievance of the petitioner is that when the civil suit is pending, the respondents 3 & 4 trespassed into the petitioner's land and threatened him to vacate the premises. Hence, he gave a complaint.

1/3

3.The learned Additional Public Prosecutor would submit that based upon the complaint given by the third respondent, enquiry was undertaken and during the course of enquiry, it was found that there was land dispute between the parties and further the enquiry reveals that the complaint given by the petitioner is mistake of fact and it is also an exaggeration version and the petitioner is trying to give criminal colour to the civil dispute and as such, it was closed on 04.08.2021.

4.Recording the submission made by the learned Additional Public Prosecutor that the complaint has been closed, nothing survives for further direction or consideration in this petition. Copy of the closure report be circulated to the learned counsel for the petitioner. Since the dispute is civil in nature, the petitioner is directed to work out his remedy through appropriate proceedings before the appropriate Civil Forum.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Commissioner of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Pettai Police Station, Tirunelveli District.

2/3

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

Crl.O.P.(MD)No.11929 of 2021 23.08.2021 GC(31.08.2021)/3P/4C 3/3