Ramasamy v. The Superintendent Of Police

Crl.O.P.(MD)No.14498 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14498 of 2019 1.Ramasamy 2.Muthuramalingam 3.Paramasivan ... Petitioners Vs.

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Inspector of Police Town Police Station Sankarankovil, Tirunelveli District 3.Subramanian 4.Sankara Narayanan 5.M.Suresh kumar 6.Ganesan 7.Ganapathy ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents 1 and 2 particularly the 2nd respondent to provide police protection for their life and limb and also to their house property bearing Door No. 16, New No. 15, 3rd Street, Lakshmipuram, Sankarankovil For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.K.Suyambulinga Bharathi No.1 & 2 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 and 2 particularly the 2nd respondent to provide police protection for their life and limb and also to their house property bearing Door No. 16, New No. 15, 3rd Street, Lakshmipuram, Sankarankovil

2. It is seen that the petitioner already filed a suit in O.S.No.15 of 2007 for declaration as against the respondents 3 to 7 herein, which was dismissed and against which the petitioners preferred second appeal in S.A(MD) No.378 of2018 and it is pending. Pending civil proceedings the counter parties encroached the respondents 3 to 7 and disturbing the possession and trying to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14498 of 2019 encroach the property belonging to the petitioner and also threatened him with dire consequences. Considering the above the second respondent closed the complaint as civil in nature for the reason that the petitioners did not co-operate for investigation and also threatened the investigating officer.

3.At this stage, police protection cannot be provided to the petitioner. Hence the Criminal Original Petition stands dismissed. However the petitioners are directed to approach the civil court and seek remedy in the manner known to law.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Inspector of Police Town Police Station Sankarankovil, Tirunelveli District

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

+1 CC to Mr.S.PALANI VELAYUTHAM, Advocate ( SR-92589[F] dated 17/10/2019 ) Crl.O.P.(MD)No.14498 of 2019 15.10.2019 aav MK (23.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2