Panipaoul v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Panipaoul

...Petitioner

Vs.

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

2.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

3.Murugan 4.Sahul Hameed, 5.Maik 6.Selvi

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to give adequate police protection to the petitioner's life and limb and to residing in the petitioner's house situated at S.No.769/2 bearing door no.4/680A, V.O.C.Nagar, Suthamalli Village, Tirunelveli District.

For Petitioner : Mr.K.Sathish Kumar For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed to direct the respondents 1 and 2 to give adequate police protection to the petitioner's life and limb and to residing in the petitioner's house situated at S.No.769/2 bearing door no.4/680A, V.O.C.Nagar, Suthamalli Village, Tirunelveli District.

2.The case of the petitioner is that the subject property was purchased by the petitioner through registered document and ever since, he is in possession and put up construction and residing in it. The private respondents are making trouble, based upon which, he made representation and CSR No.606 of 2021 was also assigned and now enquiry is pending. Since, there is no conclusion 1/3

of the enquiry, the representation has been sent by the petitioner on 20.10.2021, seeking police protection. Since there is no action, the petitioner is before this Court with this present petition.

3.The learned Additional Pubic Prosecutor would submit that based upon the complaint given by the petitioner, enquiry in C.No.G4/043296/2021 was undertaken and during the course of enquiry, it was found that it is land dispute between the parties and they have given an undertaking to the effect that they will measure the property and resolve the issue through proper civil proceedings. On the basis of the undertaking given by the parties, it was closed on 26.10.2021. Closure report is also circulated before this Court.

4.Since the complaint given by the petitioner was closed based on the undertaking given by the parties, granting police protection to one of the parties is not proper. I find no merit in this petition and this petitioner deserves to be dismissed and accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

2/3

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

29.10.2021 SR(CO) SB/PM (22.11.2021) 3P 4C 3/3