Madras High CourtCRL OP(MD)/12976/2019dismissed

R.Kamaraj v. The Superintendent Of Police

2019-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12976 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12976 of 2019 R.Kamaraj

...Petitioner

Vs.

1. The State of Tamil Nadu Rep. by The Superintendent of Police Tirunelveli District

2. The Inspector of Police Kalakad Police Station Tirunelveli District

3. Christopher Ponraj

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 and 2 to accord police protection to the petitioner to carry on the house construction in the property comprised in Re.S.NO. 382/11 of Singikulam New Village, Nanguneri Taluk, Tirunelvei District admeasuring 1.5 cents based on the complaint dated 04.09.2019 For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.K.Suyambulinga Bharathi No.1 and 2 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the respondents 1 and 2 to accord police protection to the petitioner to carry on the house construction in the property comprised in Re.S.NO. 382/11 of Singikulam New Village, Nanguner Taluk , Tirunelvei District admeasuring 1.5 cents based on the complaint dated 04.09.2019.

2. It is seen that the third respondent filed a suit in O.S.No.107 of 2019 for injunction against the petitioner on the file of the learned Principal District Munsif, Nanguneri in respect of the property comprised in S.No.382 of 2012. While being so, the petitioner is not allowed to construct any construction in the property comprised in re-survey No.382 of 2011. Therefore there is a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12976 of 2019 civil dispute between the petitioner and the third respondent and it pending before the civil court.

3. At this juncture, police protection cannot be granted. Hence this Criminal Original Petition is dismissed. However, petitioner is at liberty to work out his remedy before the civil court in the manner known to law.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police Tirunelveli District

2. The Inspector of Police Kalakad Police Station Tirunelveli District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court.

Crl.O.P.(MD) No.12976 of 2019 18.09.2019 CS(30.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2