Abdul Wahab v. The Superintendent Of Police Runelvei

Crl.O.P.(MD)No.12464 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.12464 of 2019 Abdul Wahab ... Petitioner -Vs1. The Superintendent of Police Tirunelvei, Tirunelveli District Tirunelveli.

2. State rep.by The Inspector of Police Elathur Police Station, Tenkasi Taluk, Tirunelveli District

3. Kanthasamy Thevar

4. Velchamy Thevar ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, issue a direction to the first and second Respondents police to protect a Petitioner's peaceful Possession and enjoyment of the Property comprised in Survey No. 259/2 of Kadayanallur Town and prevent the Respondents 3 and 4 from illegally entering the property.

For Petitioner : Mr.S.Y.Massod For R1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

This petition has been filed to direct the first and second Respondents police to protect a Petitioner's peaceful Possession and enjoyment of the Property comprised in Survey No. 259/2 of Kadayanallur Town and prevent the Respondents 3 and 4 from illegally entering the property.

2.Heard both sides.

3.The learned Government Advocate (criminal side) would submit on the complaint lodged by the petitioner enquiry has been conducted and the same was closed as 'allegations are civil in nature' and the closure report has also been filed before this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12464 of 2019 4.It is seen that in respect of the property, the petitioner constrained to file a suit in O.S.No.199 of 2011 on the file of the learned Subordinate Judge, Tenkasi and the same was dismissed, as against which, the petitioner filed an appeal in A.S.No. 721 of 2018 on the file of the learned Principal District Judge, Tirunelveli. Therefore, the respondent police closed the complaint. At this stage, the prayer sought for by the petitioner cannot be considered.

5.With the above observation, this criminal original petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police Tirunelvei, Tirunelveli District Tirunelveli.

2. The Inspector of Police Elathur Police Station, Tenkasi Taluk, Tirunelveli District

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

+1 CC to Mr.S.Y.MASOOD, Advocate ( SR-85759[F] dated 06/09/2019 ) Crl.O.P.(MD)No.12464 of 2019 06.09.2019 LS MK (23.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2