Thavasimuthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Thavasimuthu ... Petitioner Vs.

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

2.The Inspector of Police, Pettavaithalai Police Station, Pettavaithalai, Thiruchirappalli District.

3.Maruganantham @ Anand 4.Lakshmi 5.Kannammal 6.Bhuvaneswari 7.Pushpa ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first and second respondents to give necessary police protection to the life and limb of the petitioner and his family members with regard to the construct the house in the petitioner's owned vacant land to an extent of 1-1/2 cents in Survey No.(old)37 (new)249/36 to the extent .03.34 ares and adjacent Land Survey No. (Old) 37,New 249/37 to the extent of 0.87 ares located at Parisalthurai, Palancauveri Village, Srirangam Taluk, Trichy District, based on the petitioner's representation, dated 04.10.2021.

For Petitioner : Mr.T.P.Balasubramanian For R1 & R2 : Mr.RMS.Sethuraman, Additional Public Prosecutor.

ORDER

This criminal original petition has been filed to give police protection based on the representation dated 04.10.2021 for putting up construction in Survey No.(old)37(new)349/37 to the extent .03.34 ares and adjacent Land Survey No. (Old) 37,New 249/37 to the extent of 0.87 ares located at Parisalthurai, Palancauveri Village, Srirangam Taluk, Trichy District.

1/3

2.The learned counsel appearing for the petitioner submitted that due to civil dispute between the petitioner and the private respondents, the third respondent's father filed a suit in O.S.No.1726 of 1992 before the Principle District Munsif Court, Trichy, which was dismissed on 25.10.1999. Thereafter, an appeal was filed in A.S.No.110 of 2000 and the same was also dismissed. Again, the third respondent filed another suit in O.S.No.1536 of 2010 before II Additional District Munsif Court, Trichy and the same was also dismissed for default. However, the private respondents herein are making trouble to the petitioner. Hence, the petitioner preferred a representation on 04.10.2021 to the first and second respondents herein seeking police protection to his property. However, no action was taken. Therefore, the petitioner approached this Court by way of this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police, on instructions, submitted that based on the representation given by the petitioner, an enquiry was initiated in C.S.R.No.273 of 2021. During enquiry, it was found that the dispute between the parties is civil in nature and advised the parties to approach the Tashildar for their remedy. Before the Tashildar, the third respondent gave an undertaking that he will not make any trouble to the petitioner herein and he will workout his remedy through proper civil proceedings. Recording the same, the complaint was closed on 24.10.2021.

4.In view of the above submission, the petitioner shall workout his remedy in the manner known to law. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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.

2/3

To 1.The Superintendent of Police, Thiruchirappalli District, Thiruchirappalli.

2.The Inspector of Police, Pettavaithalai Police Station, Pettavaithalai, Thiruchirappalli District.

Copy to:

1.The Tashildar, Srirangam Taluk, Trichy District.

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

26.10.2021 MGJ/SKN(22.11.2021) 3P 5C 3/3