Venkatesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.17118 of 2022 Venkatesh

...Petitioner

vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

3.Kannan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second Respondent to provide adequate police protection to the Petitioner's life and limb by considering the Petitioner's representation, dated 20.09.2022. For Petitioner : Mr.T.Lenin Kumar For R1 and R2 : Mr.R.Sivakumar Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the second Respondent to provide adequate police protection to the Petitioner's life and limb by considering the Petitioner's representation, dated 20.09.2022.

2.Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor appearing for the Respondent 1 and 2. 3.The learned Counsel for the Petitioner submitted that the Petitioner had purchased the property through a registered sale deed in Doc.No.1065/2022 in S.Nos.67/2, 67/3 and 68/B measuring an extent of 2.28 acres of Pudukudi Village, Sri Vaikundam Taluk, Tuticorin District from one Mohamed Farook Ali and his brother Hasan Abdul Kadhar. The third Respondent was the care taker of the property, the employee of the vendor of the Petitioner. 4.Subsequent to the purchase by the Petitioner, the revenue records have been mutated in the name of the Petitioner with Patta No.995 and therefore, the Petitioner fencing the property and placed name board. The third Respondent is attempted to damage the fence 2/4

with an intention to extract money from the Petitioner. Therefore, the Petitioner seeks direction to the Respondent Police to protect the property.

5.The learned Additional Public Prosecutor submitted that based on the complaint received from the Petitioner, the Respondents 1 and 2 have initiated enquiry and third Respondent has appeared before the respondent Police. However, the Petitioner did not appear before the Respondent Police.

6.The submission of the learned Counsel for the Petitioner is found to be a civil litigation. The person having no claim or interest is attempting to interfere with the peaceful possession of the property. Therefore, the Petitioner is directed to approach the Civil Court. In the result, this Petition is dismissed.

20.10.2022 Index:Yes/no cmr To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.17118 of 2022 20.10.2022 4/4