Madras High CourtCRL OP(MD)/11841/2019dismissed

V. Rajayyan v. The Superintendent Of Police

2019-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.11841 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 12.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.11841 of 2019 V.Rajayyan ... Petitioner Vs 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Sub Inspector of Police, Marthandam Police Station, Kanyakumari District.

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

4.Maniyas ... Respondents PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to direct the respondents not to harass and not to interfere civil dispute without court order in the schedule property in S.No.507/10(b) and personal liberty of the petitioner and his wife and not threatening under the guise of enquiry. For Petitioner : Mr.K.Rama murthy For Respondents : Mr.K.Suyambulinga Bharathi, G.A.(Crl. Side) for RR1 to 3

O R D E R

This petition has been filed by the petitioner to direct the respondents not to harass and not to interfere civil dispute without court order in the schedule property in S.No.507/10(b) and personal liberty of the petitioner and his wife and not threatening under the guise of enquiry.

2.When the matter is taken up for hearing, the learned Government Advocate (criminal side) would submit that the learned Principal District Munsif,. Kuzhithurai, vide his letter in D.No.174/2019 dated 19.03.2019, directed the 3rd respondent to provide police protection to the Advocate Commissioner in R.S.No.507/9C2 of Nattalem village and the said reference was sent to the Deputy Superintendent of Police and after obtaining a report https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.11841 of 2019 from the 3rd respondent, the same was forwarded to the 1st respondent, who in turn, directed the Deputy superintendent of Police to provide police protection to execute the order passed by the Civil Court in E.P.No.5 of 2016 on the strength of the decree passed in O.S.No.22 of 2010 on the file of the Principal District Munsif, Kuzhithurai.

3.In view of the said statement, this Court is of the view that the action of the respondent police would not amount to harass the petitioner and also it does not amount to interfere with the civil dispute. Therefore, this petition is devoid of merits. 4.Accordingly, this criminal original petition is dismissed. Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) To

1. The Principal District Munsif, Kuzhithurai

2. The Superintendent of Police, Nagercoil, Kanyakumari District.

3. The Sub Inspector of Police, Marthandam Police Station, Kanyakumari District.

4. The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

Order made in CRL.O.P (MD) No.11841 of 2019 12.09.2019 arul MK (24.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2