Madras High CourtCRL OP(MD)/10780/2019dismissed as infructuous

Kumar v. The Superintendent Of Police

2021-11-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.10780 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10780 of 2019 Kumar .. Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Surveyor Colony, K.Pudur, Madurai.

2. The State Rep. by The Inspector of Police, Shozhavandhan Police Station, Madurai.

3.Dhavamani .. Respondents 1 to 3 PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to directing the 2nd respondent herein to give necessary police protection to survey the land and marking necessary four boundaries in respect of petitioner property in Plot No.20 in Survey No.226/1A3, 227/2B1, 228/2B1, 2B3 situated at Sithalangudi Village, Vadipatti Taluk, Madurai District situated within the jurisdiction of the 2nd respondent herein pursuant to petitioner's representation dated 16.07.2019 submitted to the respondents herein.

For Petitioner : No Appearance For Respondents : Mr.M.Muthumanikkam for RR1&2 Counsel for Government of Tamil Nadu (Crl. Side)

ORDER

This petition has been filed seeking direction to the 2nd respondent herein to give necessary police protection to survey the land and marking necessary four boundaries in respect of petitioner property.

2.When the matter is taken up for hearing, there is no representation for the petitioner. The learned Additional Public Prosecutor submitted that based upon the representation made by the petitioner, enquiry was undertaken and during the course of enquiry both the parties appeared and third respondent given an undertaking that he will not make any trouble to the petitioner and also will not encroach the property, which belongs to the petitioner. Based upon the undertaking given by the third respondent, it was closed on 30.07.2019.

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Crl.O.P.(MD) No.10780 of 2019 3.Since the third respondent given an undertaking, based upon which, the enquiry was closed. Hence, nothing survives for further consideration in this case. If any trouble arises in future, the petitioner has to workout his remedy through appropriate proceedings. The prayer sought for in this petition has become infructuous.

4.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Office of the Superintendent of Police, Surveyor Colony, K.Pudur, Madurai.

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

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

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