Madras High CourtCRL OP(MD)/12729/2021dismissed

Manickam v. The Superintendent Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.12729 of 2021 Manickam ... Petitioner v.

1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Aranthangi Town Police Station, Aranthangi, Pudukkottai District.

4.Selvaraj 5.Marimuthu ... Respondents [R4 & R5 impleaded as per order of this court dated 02.09.2021 in CRL.OP(MD).No. 12729 of 2021] PRAYER : Criminal Original Petition filed under Section 482 of Cr.Pc, to direct the third respondent to give necessary police protection to survey the land of the petitioner and fix the boundaries stones in S.No.75/2C in Mangudi Village, Aranthangi Taluk, Pudukkottai District as per the proceedings of the first respondent in Na.Ka.No.L/09675/2021 dated 20.04.2021. For Petitioner : Mr.Suriyanarayanan For Respondents : Mr.T.Senthilkumar, 1 to 3 Additional Public Prosecutor

ORDER

Heard the learned counsel on either side. The petitioner wants this Court to direct the revenue authorities to provide him adequate police protection so that he can survey the petition mentioned land. According to the petitioner, the petition mentioned property absolutely belongs to him. 2.Such a relief cannot be granted under Section 482 of Cr.Pc. If the petitioner's efforts to survey the petition mentioned land is thwarted by a third party, the remedy is to file an injunction suit. This Court cannot go into the rival claims regarding title while exercising its power under Section 482 of Cr.Pc. If the petitioner is having an enforceable decree from the civil court or https://hcservices.ecourts.gov.in/hcservices/ 1/2

any other judicial forum, then certainly, under Article 226 of the Constitution of India or under Section 482 of Cr.Pc, direction for police protection can be given. Admittedly, the petitioner is not having any enforceable decree. Hence, I decline to grant the relief sought for. This criminal original petition stands dismissed. I make it clear that the rights of the petitioner are left open. I have not gone into the merits of the matter. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) skm To 1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Aranthangi Town Police Station, Aranthangi, Pudukkottai District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl OP(MD)No.12729 of 2021 08.11.2021 TSK(CO) KB(18.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2