Singaravadivelu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14887 of 2023 Singaravadivelu ... Petitioner Vs.

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

2.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

3.Balasubramanian 4.Balakrishnan 5.Kamal 6.Mohan 7.Kamal 8.Arumugam ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to give adequate police protection 1/5

to life and limb of the petitioner and his family members on the basis of the petitioner's representation dated 23.07.2023. For Petitioner : Mr.T.Vadivelan For R1 and R2 : Mr.S.S.Madhavan Government Advocate (Crl.side) O R D E R This Criminal Original Petition is filed seeking for a direction to the respondent Police to provide police protection to the petitioner and his family members basing on a representation dated 23.07.2023.

2. According to the learned counsel appearing for the petitioner, he has been in possession of the schedule of the property. However, the unofficial respondents have been allegedly trespassing into the schedule of the property without any ground with the help of the Village Assistant. The petitioner is stated to have filed a writ petition in W.P(MD).No.26923 of 2022 before this Court, wherein, the fourth respondent therein by name, Balasubramanian, who was the Village Assistant has submitted that he will not interfere in the petitioner's property. It is further submitted that subsequently, the petitioner has made a complaint to the Revenue Divisional Officer and after conducting 2/5

enquiry, the Revenue Divisional Officer has found fault with the said Balasubramanian. In spite of action taken, on 20.07.2023, the unofficial respondents again are trying to interfere with the petitioner's property, therefore, he sought for suitable direction.

3. The learned Government Advocate (criminal side) appearing for the official respondents, on the other hand, submits that the dispute between the petitioner and the unofficial respondents is purely civil in nature and the petitioner has been repeatedly filing the complaints without approaching the civil Court for redressal of the dispute. It is submitted that in case, if at all the offence is committed or about to be committed, the Police will certainly take appropriate action.

4. The dispute between the petitioner and the unofficial respondents is purely civil in nature. It is represented that the unofficial respondents being entered the land belonging to the petitioner has also created water irrigation channel. However, the petitioner failed to answer as to why he did not approach the civil Court and has not filed a suit for injunction, when the unofficial respondents are interfering and creating a channel. Since the dispute between the petitioner and the unofficial respondents is purely civil in nature, no further orders can be passed. 3/5

However, in case if the petitioner files any complaint that any offence is committed or alleged to be committed, the Police are directed to take appropriate action.

5. Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 25.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 25.08.2023 5/5