Solayappan. A v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No. 12123 of 2023 A.Solayappan ... Petitioner Vs 1.The Superintendent of Police, District Police Office, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathi police station, Ponnamaravathi, Pudukkottai District.

3.Murugesan ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to provide necessary police protection to petitioner for put up fencing at his property, in the light of his representation dated 19.06.2023 within a stipulated period as may be fixed by this Court.

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For Petitioner : Mr.R.Sundar For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed seeking for a direction to the police to provide necessary protection to the property belonging to the petitioner.

2. It is submitted by the learned counsel for the petitioner that he has been in possession and enjoyment of the property belonging to him in Old S.F.No.96/3A, 3C, New S.F.No.596/7, admeasuring 21 cents, in which door Nos.298, 298-A, 298-B, S.F.No.596/5, admeasuring 0.05.00 Ares, SF No.596/4 admeasuring 0.02.50 Ares, S.F.No.596/1, admeasuring 0.24.50 Ares, S.F.No.596/6 admeasuring 0.02.00 Ares. It is submitted that the third respondent has created a false document in respect of such property thereby, he made a complaint to the concerned Sub Registrar to cancel the same and on enquiry, the Sub Registrar has cancelled the document created by the third respondent. 2/4

3. It is further submitted by the learned counsel for the petitioner that the petitioner is making efforts to build a house in the said property. However, the respondent is trying to interfere with the petitioner's property and trying to create law and order problems.

4. The learned Government Advocate(Crl.side) submits that the dispute between the petitioner and the third respondent is civil in nature.

5. In case, if the third respondent tries to intervene in the possession of the property, the remedy available for the petitioner is to approach the civil Court and obtain appropriate order, including police protection. Considering the same, the relief sought for by the petitioner cannot be granted.

6. This Criminal Original Petition is dismissed. 05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn 3/4

DR. D.NAGARJUN, J.

pnn To 1.The Superintendent of Police, District Police Office, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathi police station, Ponnamaravathi, Pudukkottai District.

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

ORDER

IN Crl.O.P.(MD)No.12123 of 2023 Date: 05.07.2023 4/4