P.Pattani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN P.Pattani ... Petitioner Vs 1.The Superintendent of Police, Korampallam, Thoothukudi-628 101.

2.The Deputy Superintendent of Police, Brayant Nagar, Thoothukudi-628 008.

3.The Inspector of Police, Central Police Station, Thoothukudi-628 001.

4.Vijayasankari ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the respondent Nos.1 to 3 herein to provide adequate police protection to life and limb of the petitioner and his family members and for their house property in D.No.95/7A, Avudaiyarpuram, Thoothukudi, on the basis of the representation dated 24.06.2023 as well as judgment and decree granted in O.S.No.297 of 2018 on the file of the learned Principal District Munsif, Thoothukudi, dated 12.10.2022.

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For Petitioner : Mr.C.M.Mari Chelliah Prabhu For R-1 to R-3 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) For R-4 : Mr.S.M.Ananthamurugan

O R D E R

This petition is filed seeking for a direction to the police not to harass the petitioner from the third respondent.

2. It is submitted by the learned counsel for the petitioner that he is in possession and enjoyment of the house property and when respondent No.3 was forcefully trying to evict the petitioner, he has filed O.S.No.297 of 2018 on the file of the learned Principal District Munsif, Thoothukudi and after fullfledged hearing, O.S.No.297 of 2018 was decreed in his favour against the fourth respondent and subsequently, an appeal has not been preferred and exparte decree was not set aside and therefore, the injunction order has become final.

3. It is submitted by learned counsel for the fourth respondent that he is no way connected with the dispute in respect of the house site allegedly belonging to the petitioner and that he resides about eighty kilometers away from the said properties and he never tried to intervene. It is also submitted that the original owner has transferred the property in favour of one Micheal 2/4

Arulreon and Micheal Arulreon is making an attempt and he is taking steps to evict the petitioner and others in respect of the property, which was purchased by him, under registered sale deed.

4. On the other hand, learned Government Advocate (Criminal Side) submits that the dispute between the parties are purely civil in nature and they are advised the parties to approach the Civil Court in order to get their civil dispute redressed and also stated that they have not interfered in the civil dispute as alleged by the petitioner. The same is recorded.

5. Accordingly, the Criminal Original Petition is disposed of. 07.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Superintendent of Police, Korampallam, Thoothukudi-628 101.

2.The Deputy Superintendent of Police, Brayant Nagar, Thoothukudi-628 008.

3.The Inspector of Police, Central Police Station, Thoothukudi-628 001.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN, J.

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