Madras High CourtCRL OP(MD)/12336/2021dismissed

C.Soosai Fredy v. The Superintendent Of Police

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

Crl.O.P(MD)No.12336 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.12336 of 2021 C.Soosai Fredy ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

3.Shaji 4.Arbin ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to provide appropriate police protection to the petitioner's life and lime and also for the petitioner's peaceful enjoyment of the property having an extent of 1 Acre in Re.Survey No.329/5 (Old Survey Nos.1601B, 1601) situated at Ezhudeson 'C' Village, Killiyoor Taluk, (Old Vilavancode Taluk), Kanyakumari District on the basis of the petitioner's representation dated 06.07.2021.

For Petitioner : Mr.M.R.Sreenivasan For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1 & R2 Mr.V.M.Bala Mohanthampi for R3 & R4

O R D E R

Heard the learned counsel on either side.

2.There is a civil dispute between the petitioner on the one hand and the private respondents on the other. It appears that the petitioner has filed O.S.No.500 of 2008 before the District Munsif Court, Kuzhithurai, against the vendor of the third respondent and it is still pending. In a case of this nature, police cannot be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.12336 of 2021 directed to grant protection in favour one party. That would amount to adjudicating the contested civil claims of the parties. It is for the parties to workout their rights before the jurisdictional civil Court. No relief can be granted in these proceedings. 3.With such liberty to the petitioner, this criminal original petition is dismissed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

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

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-34223[F] dated 12/11/2021 ) Crl.O.P(MD)No.12336 of 2021 11.11.2021 VR(CO) TR/SKN(25.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2