Madras High CourtCRL OP(MD)/16612/2021disposed of

Pandi Ramesh v. The Superintendent Of Police

2021-10-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16612 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16612 of 2021 Pandi Ramesh ... Petitioner Vs.

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

2.The Inspector of Police, Devathanapatti Police Station, Theni District.

3.Pitchai 4.Veerasamy 5.Mokkai 6.Selvam Siva ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to provide adequate police protection for life and limb of the petitioner at the time of construction of building and fencing in petitioner's property situate in S.No.2722/2A which is situated at BIT II, Devathanapatty Village, Periyakulam Circle, Theni District to an extent of 0.02.84 on the basis of the petitioner's representation, dated 07.09.2021, preferred by the petitioner in accordance with law.

For Petitioner : Mr.M.Sankar For Respondents : Mr.R.M.S.Sethuraman 1 and 2 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the 2nd respondent to provide adequate police protection for life and limb of the petitioner at the time of construction of building and fencing in petitioner's property situate in S.No.2722/2A which is situated at BIT II, Devathanapatty Village, Periyakulam Circle, Theni District to an extent of 0.02.84 on the basis of the petitioner's representation, dated 07.09.2021, preferred by the petitioner in accordance with law.

2.The case of the petitioner is that the petitioner is the owner of the vacant property in S.No.2722/2A which is situated at BIT II, Devathanapatty Village, Periyakulam Circle, Theni District. In respect of the above said property, private respondents made trouble and trying to use the same as pathway, which was prevented by the petitioner, when he trying to put up construction. He made a representation on 07.09.2021 in this regard. Since the same was not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16612 of 2021 acted upon, this petition came to be filed.

3.The learned Additional Public Prosecutor submits that enquiry was undertaken in C.S.R.No.265 of 2021 and finding that it is a civil dispute between the petitioner and the private respondents, it was closed on 27.06.2021. Now after the above said closure again for the very same averments, the representation has been sent on 07.09.2021.

4.Since already a representation has been made and closed observing that it is a civil dispute, the petitioner has to workout his remedy through appropriate proceedings. Granting of police protection on the basis of the second representation is not proper and may not be proper. I find absolutely no merit in this case. 5.With the above liberty, this criminal original petition stands dismissed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Theni District, Theni.

2.The Inspector of Police, Devathanapatti Police Station, Theni District.

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

Crl.O.P.(MD)No.16612 of 2021 28.10.2021 MMS(CO) KB(17.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2