Madras High CourtCRL OP(MD)/18086/2018dismissed

Hajee.M.K.Miyakhan v. The Inspector Of Police

2018-10-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.18086 of 2018 Hajee M.K.Miyakhan ... Petitioner -Vs1. The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

2. N.Fathima Beevi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the first respondent herein to give necessary police protection to construction work carrying out by the petitioner in S.No.739/21, which is situated at Pathamadai Village, Cheranmagadevi Taluk, Tirunelveli District and by considering his complaint dated 02.08.2018 and even with the payment of necessary charges.

For Petitioner : Mr.J.Senthil Kumaraiah For R1 : Mr.M.Chandra Sekaran, Additional Public Prosecutor.

ORDER

This petition has been filed, seeking for police protection for the construction work carrying out by the petitioner in S.No.739/21, which is situated at Pathamadai Village, Cheranmagadevi Taluk, Tirunelveli District by considering his complaint dated 02.08.2018.

2.The learned counsel appearing for the petitioner would submit that the petitioner gave a complaint before the respondent police and the respondent police after conducting an enquiry, closed the complaint and directed both the parties to agitate their rights before the Civil Court.

3.The learned counsel further submitted that the petitioner and the second respondent already went before Jamath and agreed to resolve their dispute. However, the same was not complied with https://hcservices.ecourts.gov.in/hcservices/

and the second respondent continues to disrupt the possession and enjoyment of the petitioner and cause threat to him. 4.The nature of dispute that has been projected in this case is purely civil in nature and the police have nothing to do with this case. The petitioner has to work out his remedy only before the appropriate Civil Court.

5.In view of the same, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (Protocol) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Inspector of Police, Pathamadai Police Station, Tirunelveli District.

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

+ 1 CC TO Mr.S.SENTHIL KUMARIAH, ADVOCATE IN SR No. 89626 MYR TE/SV/SAR-1 : 01/11/2018 : 2P/4C CRL.O.P.(MD)No.18086 of 2018 10.10.2018 https://hcservices.ecourts.gov.in/hcservices/