Arumugam v. The Superintendent Of Police

Crl.O.P(MD)No.17564 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17564 of 2021 Arumugam ... Petitioner Vs.

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

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

3.George 4.Suvin 5.Kannan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents No.1 and 2 to provide adequate police protection to life and lime of the petitioner and his family on the basis of the petitioner's representation dated 06.10.2021. For Petitioner : Mr.P.T.Prithiviraj For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. Considering the nature of relief to be granted, issuance of notice to the respondents 3 to 5 is dispensed with.

2.The petitioner claims to be a cultivating tenant under the father of the third respondent. The third respondent had sold the property in favour of the fourth respondent. The fifth respondent is said to be threatening the petitioner to vacate the property on the instigation of the fourth respondent. Seeking police protection, this criminal original petition is filed.

3.The very filing of the this petition is misconceived. If the petitioner is apprehending illegal dispossession at the hands of the private respondents, the remedy open to him is to file an injunction https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17564 of 2021 suit or seek remedy under the relevant provisions of the Tamilnadu Cultivating Tenants Protection Act and the Rules framed thereunder. No relief can be granted under Section 482 of CrPC. Leaving open the petitioner's rights and remedies, this criminal original petition is dismissed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Veeravanallur Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.17564 of 2021 12.11.2021 AR(CO) GC/PM(25.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2