Chelladurai @ Pattabiraman v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.OP(MD).No.10804 OF 2019 Chelladurai@Pattabiraman : Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The State represented by The Inspector of Police, Vickramasingapuram Police Station, Vickramasingapuram, Tirunelveli District.
3.Rani 4.Rajathiammal 5.Anantharaman Krishnan 6.Gunaseelan 7.Kannan 8.Balasubramanian 9.Sivanupandi : Respondents Prayer: This Petition is filed under Section 482 of Criminal Procedure Code directing the respondents 1 and 2 to provide adequate police protection to the petitioner and his family and also the house and its surrounding area at Door Nos.58-A, 58-A1, Vickramasingapuram Part-II, Arunachalapuram Main Road, Tirunelveli District, wherein he is residing along with his family forthwith. For Petitioner : Mr.S.Palani Velayutham For R1 and R2 : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)
O R D E R
This Criminal Original Petition has been filed to direct the respondents 1 and 2 to provide adequate police protection to the petitioner and his family.
2. The grievance of the petitioner is that the petitioner is the absolute owner of a property in Survey No.1091/1A situated at Vickramasingapuram Village, Part-II, Amabsamudram Taluk, Tirunelveli District to an extent of 0.22.05 hectares. Now the private respondents herein are disturbing the peaceful possession and enjoyment of the property. The petitioner has filed a complaint before the second respondent. So far no investigation has been conducted on the above said complaint. Taking advantage of the same, the private respondents herein are threatening the petitioner and causing damage to the property of the petitioner. Hence, the petitioner has filed the present petition before this Court.
3. The learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that the dispute is between two co-owners. Both of them are claiming right over the property. Earlier based on the complaint given by the petitioner, a case was registered in Crime No.182 of 2019 and the same is pending investigation. Since the dispute is between two co-owners regarding title over the property in question, the respondent is not in a position to interfere with the same.
4. The submission made by the learned Government Advocate (Crl.Side) is recorded. Considering the fact that FIR has been registered, and the dispute is with regard to the title over the property in question between two co-owners, the respondent police is directed to proceed and complete the enquiry as expeditiously as possible. In view of the above, this Criminal Original Petition is dismissed.
Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2. The Inspector of Police, Vickramasingapuram Police Station, Vickramasingapuram, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.PALANIVELAYUTHAM, Advocate ( SR-79537[F] dated 02/08/2019 ) TA Order made in CRL.OP(MD).No.10804 of 2019 31.07.2019 KM/(03.09.2019) 3P 5C