S.Arunachalampillai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN S.Arunachalampillai

...Petitioner

Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Solavanthan Police Station, Solavanthan, Madurai.

3.M.Mupiliyapillai 4.M.Panjavarnam 5.M.Ravichandran 6.M.Kathireshan 7.M.Venkateshan

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to give necessary protection to the petitioner and his three sons for their life and limbs by considering the petitioner's representation, dated 04.09.2021, within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.K.Sanjai Gandhi 1 and 2 Government Advocate (Crl.Side) For 5th Respondent : Mr.S.Gokulraj FOR R3,4,6&7 : No Appearance

ORDER

This petition has been filed seeking police protection on the basis of the representation dated 04.09.2021. 2.The case of the petitioner is that the property in Survey No.4/3, 4/4, 4/5, 4/6 an extent of 1 acre 30 cents in Thataankulam Village, Nilakottai Taluk was allotted to the petitioner by way of 1/3

partition in 1970, which was originally an ancestral property. Subsequently, he was in possession of the same. The fourth respondent is none other than his sister. The third respondent is her husband and other private respondents are their children. While cultivating the land by the petitioner, the private respondents made trouble. Hence, he sent representation dated 04.09.2021, seeking police protection.

3. Mr.S.Gokulraj, learned counsel appearing for the fifth respondent would submit that the subject property was originally ancestral property, for which, the fourth respondent is also a sharer. Suppressing the facts, this petition came to be filed. 4.The learned Additional Public Prosecutor would submit that based upon the complaint given by the petitioner, enquiry was undertaken and during the course of enquiry, it was found that there was land dispute between the brother and sister, and the family members of the petitioner's sister's family demanded share in the property, upon which, it appears that trouble arose between the parties. Finding that this is land dispute between the parties, it was closed on 04.09.2021.

5.Since the complaint was rightly closed by the second respondent finding that there is land dispute between the parties, nothing survives for further consideration or direction in this petition. The petitioner is at liberty to approach the concerned civil forum through appropriate proceedings.

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

Sd/- Assistant Registrar (T&P) // 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.

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To 1.The Superintendent of Police, Office of Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Solavanthan Police Station, Solavanthan, Madurai.

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

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-32485[F] dated 25/10/2021 ) 25.10.2021 RD/PM (10.11.2021) 3P 5C 3/3