Madras High CourtCRL OP(MD)/13877/2021disposed of

S.Mariyanantham v. The Superintendent Of Police

2021-09-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.13877 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.13877 of 2021 S.Mariyanantham S/o.Saminathan ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Subramaniapuram, Thiruchirappalli District.

2.The Inspector of Police, Thuvarankurichi Police Station, Tiruchirappalli District.

3.Joseph Thangaiah @ Karvendhan 4.James Martin ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, directing the respondents 1 and 3 to provide adequate police protection to the petitioner and his brother's family members for their life and limb based on his complaint dated 11.08.2021.

For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.K.Sanjai Gandhi Government Advocate

ORDER

This petition has been filed seeking direction to the respondents 1 and 3 to provide adequate police protection to the petitioner and his brother's family members for their life and limb based on his complaint dated 11.08.2021.

2.The case of the petitioner is that he owned the ancestral property comprised in Survey Nos.17/2 and 18/1 in Joint Patta No.1172. The joint patta stands in the name of the petitioner, his brother namely James Martin and his uncle namely Joseph Thangaiah @ Karvendhan. The petitioner has decided to sub-divide the land in his name and hence, he has applied an online application before the Tahsildar, Taluk Office, Marungapuri. The petitioner and his brother received the summons and while the Village Administrative Officer of Venkatnayakkanpatti Village and the Village Assistant have jointly visited to the petitioner's uncle's house to serve the notice for personal appearance, he refused to receive the notice. The petitioner made a request to respondents police to give adequate https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13877 of 2021 police protection for surveying the land. Hence, he made a complaint dated 11.08.2021.

3.The learned Additional Public Prosecutor appearing for the respondent would submit that based upon the complaint give by the petitioner, enquiry was conducted in C.S.R.No.296 of 2020. During the course of enquiry, the parties appeared before the respondent police and stated that they will workout their remedy before the Civil Court through proper proceedings. On that basis, the complaint came to be closed on 26.08.2020.

4.Since, the complaint has been closed, nothing survives for further consideration or direction in this matter. Hence, this Criminal Original Petition is disposed of as infructuous and liberty is granted to the parties to workout their remedy before the appropriate Civil Court through proper proceedings. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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, O/o.The Superintendent of Police, Subramaniapuram, Thiruchirappalli District.

2.The Inspector of Police, Thuvarankurichi Police Station, Tiruchirappalli District.

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

Crl.O.P(MD)No.13877 of 2021 20.09.2021 RK (07.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2