Madras High CourtCRL OP(MD)/16706/2021dismissed

Karuppiah v. The Suoerintendent Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.16706 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16706 of 2021 Karuppiah ... Petitioner Vs.

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

2. The Inspector of Police, Kumapatty police station, Virudhunagar.

3. Karthik ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 1 and 2 to provide adequate police protection to the petitioner in respect of the properties in S.Nos.661/4, 662/3, 662/2, 663/1, 661/2, 661/3A, 662/1 at Maharajapuram Village, Watrap, Virudhunagar District totally measuring about 9 acres 69 cents in the light of the decree and judgment passed in S.A.(MD)No.580 of 2012 on the file of this Court.

For Petitioner : Mr.M.Jerin Mathew For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate.

For R-3 : Mr.M.Murugan * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner is not having any enforceable order or decree from the jurisdictional civil Court. It is true that the petitioner had succeeded in S.A.No.580 of 2012 dated 29.11.2016. But then, the result of allowing the said second appeal was the dismissal of O.S.No.137 of 2005 filed by the third respondent herein. That will not mean that the petitioner is having any enforceable decree his favour.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16706 of 2021

3. Leaving open the petitioner's other rights and remedies, this criminal original petition is dismissed. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Kumapatty police station, Virudhunagar.

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

+1 CC to M/s.M.MURUGAN, Advocate ( SR-39299[F] dated 17/12/2021 ) Crl.O.P.(MD)No.16706 of 2021 15.12.2021 USK (29.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2