Kamaraj, S/O.Kesavan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Kamaraj ... Petitioner Vs.

State rep by 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Peravoorani Police Station, Thanjavur District.

3.Senthil 4.Pasupathi 5.Vijayakanth 6.Selvam 7.Kannan 8.Parvathi 9.Palsamy 10.Murugan, S/o Subramaninan 11.Murugan, S/o Chinnathambi

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to give police protection for life and limb of the petitioner, family members and his property.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the second and third respondents to give police protection to the petitioner. 1/4

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondents. Taking into consideration the nature of the order going to be passed in this petition, notice to the third respondent is dispensed with.

3. The grievance of the petitioner there is a land dispute between the petitioner and the respondents 3 to 11. Due to the same the respondents 3 to 11 are threatening the petitioner. Hence, the petitioner has filed an application to the respondent police seeking police protection. But so far no action has been taken on the same. Hence, the present petition has been filed.

4. Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that there is a civil dispute between the petitioner and the respondents 3 to 11 with regard to the property in Survey Nos.91/6A, 6C, 7, 8, 9 6B and 103/8 situated at Periyakathikottai Village, Peravoorani Taluk, Thanjavur District. Based on the complaint given by the petitioner enquiry has been conducted and closed after examining seven witnesses. In a civil dispute, there is no necessity to provide police protection to the petitioner.

5. Considering the fact that already the petitioner's complaint has been enquired and closed and also the fact that it is civil dispute between the parties, the prayer as such sought for by the petitioner cannot be granted. If at all the petitioner has any grievance, it is for him to approach the concerned civil Court for appropriate remedy. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Peravoorani Police Station, Thanjavur District.

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

21.08.2019 TA MS/05.09.2019/3P.4C 3/4