Madras High CourtCRL OP(MD)/10139/2018dismissed

G.S. Regan v. The Superintendent Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.10139 of 2018 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.10139 of 2018 G.S.Regan ... Petitioner/Petitioner Vs 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Marthandam Police Station, Marthandam, Kanyakumari District.

3.P.David ... Respondents/Respondents (R3 impleaded vide order dated 13.09.2019 made in Crl.M.P.(MD) No.6680 of 2019) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 2nd respondent herein to provide necessary police protection to enable him to run the Cashew Factory situated in Survey No.343/7, 343/8 and 343/13 Kollanji Village, Kanyakumari District on the basis of the petitioner's representation dated 07.05.2018.

For Petitioner : Mr.A.Thiruvadi kumar For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side) for R1 and 2 Mr.N.Dilipkumar, For Proposed Respondent

O R D E R

This petition has been filed to direct the 2nd respondent herein to provide necessary police protection to enable him to run the Cashew Factory situated in Survey No.343/7, 343/8 and 343/13 Kollanji Village, Kanyakumari District on the basis of the petitioner's representation dated 07.05.2018. 2.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (criminal side) appearing for the respondents 1 and 2. Since no adverse order is going to be passed as against the 3rd respondent, notice to him is dispensed with.

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

Crl.O.P.(MD) No.10139 of 2018 3.It is seen that on the strength of the sale deed stands in the name of the petitioner, the petitioner seeks police protection to survey the land comprised in Survey No.343/7, 343/8 and 343/13 Kollanji Village, Kanyakumari District.

4.The learned Government Advocate (criminal side) submitted that on the complaint lodged by the petitioner seeking police protection to survey the land, enquiry has been conducted and the same has been closed as the entire allegations in the petitioner is civil in nature.

5.Recording the said submission, this Court feels that the prayer sought for by the petitioner cannot be considered and hence, the petition is liable to be dismissed.

6.Accordingly, this criminal original petition is dismissed. However, the petitioner is at liberty to approach the civil Court for appropriate relief.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Kanyakumari District, Kanyakumari.

2.The Inspector of Police, Marthandam Police Station, Marthandam, Kanyakumari District.

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

+1 CC to M/s.A.THIRUVADI KUMAR, Advocate ( SR-86674[F] dated 13/09/2019 ) +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-86828[F] dated 16/09/2019 ) CRL.O.P (MD) No.3521 of 2018 13.09.2019 KK/SAR/30.09.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2