Madras High CourtCRL OP(MD)/18808/2021dismissed

M.Manoharan v. The Superintendent Of Police

2021-11-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18808 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18808 of 2021 M.Manoharan ... Petitioner Vs 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

3.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation, Theni Taluk Office, Theni-625 531.

4.V.Katharaman ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 to grant adequate police protection for the life and limb as well as to the petitioner's premises "Thamarai Cable" (LCO No.12809) at Ward No.11, Door No.115-12, Bharathidasan Street, Thamaraikulam Post, Periyakulam Taluk, Theni District.

For Petitioner : M.C.B.Ramalingam For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate For R4 : Mr.C.Vakeeswaran

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 to R3.

2. The petitioner sates that the fourth respondent is interfering with his cable TV business and that the police should be directed to accord protection to enable the petitioner to carry on his business. The fourth respondent on the other hand would claim that the petitioner after selling his entire business for a sale consideration of Rs.9,10,000/- is now wanting to go back on his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18808 of 2021 undertaking. Be that as it may, this civil dispute could be resolved only by the jurisdictional civil Court. The petitioner is not having any enforceable civil court's order or decree in his favour. Hence, the question of directing the respondent police to accord protection will not arise at all.

3.Leaving open the petitioner's rights and remedies, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Theni District, Theni.

2.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

3.The Special Tahsildar, Tamil Nadu Arasu Cable TV Corporation, Theni Taluk Office, Theni-625 531.

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

+1 CC to M/s.C. VAKEESWARAN, Advocate ( SR-36561[F] dated 30/11/2021 ) Crl.O.P(MD)No.18808 of 2021 30.11.2021 RD(09.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2