M.Salman Farish v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN CRL.O.P.(MD)No.12598 of 2023 M.Salman Farish ... Petitioner Vs.

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

2.The Inspector of Police, Jegathapattinam Police Station, Pudukkottai District.

3.Veeraiah 4.Ayyamuthu 5.Palani 6.Kalimuthu 7.Govinda Konar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying this Court to provide adequate police protection to the life and limb of the petitioner by considering the petitioner's representations dated 16.06.2023 and 26.06.2023.

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For Petitioner : Mr.T.Lenin Kumar For R1 & R2 : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) O RDER This petition is filed seeking for a direction to the respondent Police to provide protection to the petitioner and his property, based on the representations dated 16.06.2023 and 26.06.2023. 2.It is submitted by the learned counsel appearing for the petitioner that the petitioner is the absolute owner and he is in enjoyment of the property to an extent of 45 acres 59 cents under various extents in different survey number, similarly, in other set of lands to an extent of 3 acres 97 cents. There are disputes between the petitioner and the respondents 3 to 7 in respect of the said properties. Earlier, the petitioner has filed Crl.O.P.(MD)No.5830 of 2023 before this Court, wherein learned Government Advocate (Crl.

Side) submitted that both parties appeared before the Police and gave a statement that they will resolve the issues between them before the Jamath, thereby, the representation of the petitioner was closed.

representations dated 16.06.2023 and 26.06.2023 before the respondent Police and no action is initiated.

3.The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 has submitted that the respondent Police during the course of enquiry advised the parties that in case the parties failed to settle the matter before the Jamath, they would approach the revenue authority to settle the dispute. However, instead of settling the disputes, the petitioner again approached the respondent Police and filed two complaints. However, he submitted that the respondent Police would consider these two applications and dispose of the same shortly.

4.Considering the submissions of both sides and as perusal of records, this Criminal Original Petition stands disposed with a direction to the respondent Police to take appropriate action on the request of the petitioner to provide police protection. It is needless to say that since the dispute between the petitioner and unofficial respondents appears to be a landed property, which is purely civil in nature, after concluding the enquiry in both representations dated 16.06.2023 and 26.06.2023, in case it emerges that there is no any offence either committed or attempted to be committed by them, both the 3/5

parties would be directed to approach the Civil Court for redressal of their issues in disputed property.

13.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Jegathapattinam Police Station, Pudukkottai District.

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

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DR.D.NAGARJUN. J.

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