Madras High CourtCRL OP(MD)/14157/2021disposed of

V.Manokaran v. The Superintendent Of Police

2021-09-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14157 of 2021 V. Manokaran

...Petitioner

Vs.

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Deputy Superintendent of Police, Kodaikanal,

3. The State Represented by The Inspector of Police, Kodaikanal Police Station,

4. M.Suppan

5. M.Kittan

6. M.Arumugam

7. Palanisamy

8. M. Thangavel

9. M.Murugan

10. M.Thirupathi Ammal

11. P.Lakshmi Ammal

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to give appropriate police protection to construct the petitioner's house in Old.S.No.342/3, New.S.No.757/3 at Pudhuputhur Village, Pattalamman Temple Street, Kodaikanal Circle, Dindigul District by considering the petitioner's application dated 01.09.2021.

For Petitioner : Mr.A.Sureshbabu For R1 to R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) 1/3

ORDER

This petition is filed seeking police protection for the purpose of constructing a house in Old.S.No.342/3, New.S.No.757/3 at Pudhuputhur Village, Pattalamman Temple Street, Kodaikanal Circle, 2.The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the property mentioned above and when he tried to put up a construction in that property, the private respondents herein, who are the neighbors, made trouble. Therefore, the petitioner has filed a suit in O.S.No.23 of 2020 for permanent injunction before the learned District Munsif, Kodaikanal and now it is pending. Pending the aforesaid suit, it appears that the representation has been made and now it is kept pending in CSR.No.311 of 2021.

3.Since it is a civil dispute between the parties and the matter is now pending before the concerned civil Court, granting of police protection may not arise. Only depending upon the order of the civil Court, the petitioner may give a fresh representation, if so required and if any necessity arises. So, the question of granting police protection at this stage may not arise. 4.With the aforesaid liberty, this petition is disposed of. Let the 3rd respondent may close the enquiry, by directing the parties to workout their remedy in the aforesaid pending suit. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Dindigul District, Dindigul.

2/3

2. The Deputy Superintendent of Police, Kodaikanal,

3. The Inspector of Police, Kodaikanal Police Station,

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

23.09.2021 NSN(CO) KB(05.10.2021) 3P 5C 3/3