P. Mathiyalagu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.18123 of 2022 P.Mathiyalagu

...Petitioner

-vs1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Pallathur Police Station, Sivagangai District. 4.A.Arumugam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents No.1 to 3 to afford adequate police protection to the life and limb of Petitioner and to fence the property in S.No.489/10A1, 489/101B in Kottaiyur Village, Karaikudi Taluk, Sivagangai District by considering the Petitioner's representation, dated 26.09.2022.

For Petitioner : Mr.K.Dinesh For R1 to R3 : Mr.R.Suresh Kumar Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the Respondents No.1 to 3 to afford adequate Police protection to the life and limb of the Petitioner for fencing the property in S.Nos.489/10A1 and 489/101B in Kottaiyur Village, Karaikudi Taluk, Sivagangai District by considering the Petitioner's representation, dated 26.09.2022.

2.Heard the learned Counsel for the Petitioner and the leaned Government Advocate (Crl.side) appearing for the Respondents 1 to 3. 3.The learned Counsel for the Petitioner submitted that the Petitioner had approached the Tahsildar concerned for measuring the property belonging to him. Accordingly, the property was measured. During measurement, there was no dispute. Subsequent to the measurement, the fourth Respondent has created trouble to the Petitioner. Hence, the Petitioner has approached this Court. 4.The learned Government Advocate (Crl.side) submitted that there is a dispute regarding the fencing of the property in question, 2/4

for which, on the basis of a complaint given by one Rani, earlier C.S.R.No.270 of 2022 was issued and on the basis of the complaint given by the Petitioner, C.S.R.No.280 of 2022 was issued. He further submitted that after holding an enquiry, the Respondent Police had directed both the parties to obtain orders from the competent Civil Court and the enquiry was closed.

5.Considering the submission of the learned Government Advocate (Crl.side), this Petition is closed with the direction to the Petitioner to obtain appropriate remedy from the competent Civil Court.

28.10.2022 Index:Yes/No cmr To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Pallathur Police Station, Sivagangai District. 3/4

SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.18123 of 2022 28.10.2022 4/4