Madras High CourtCRL OP(MD)/15761/2019dismissed

Surya v. The Superintendent Of Police

2019-10-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.15761 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.15761 of 2019 Surya

...Petitioner

Vs.

1. The Superintendent of Police Theni District

2. The Inspector of Police Cumbum Police Station Cumbum, Theni District

3. Jeyaraj

4. Santhanaprabhu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to provide necessary police protection to the petitioner for carrying out the repairs in his house property situated at T.S.No.19/5A, Block Natham Survey Numbers 1602/4,1603/4,15603/5 on the basis of his representation dated 17.10.2019.

For Petitioner : Mr.M.Eswaran For Respondents : Mr.K.Suyambulinga Bharathi No.1 and 2 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the second respondent to provide necessary police protection to the petitioner for carrying out the repairs in his house property situated at T.S.No.19/5A, Block Natham Survey Numbers 1602/4,1603/4,15603/5 on the basis of his representation dated 17.10.2019.

2. The learned counsel for the petitioner would submit that the petitioner and the respondents 3 and 4 are relatives. In respect of property situated at T.S.No.19/5A, Block Natham Survey Numbers 1602/4, 1603/4,15603/5, there was a dispute in respect of undivided share. The respondents 3 and 4 are objecting the same and also giving trouble to the employment of the petitioner. In this regard, the petitioner lodged a complaint to the second respondent and the same is pending. Hence he seeks police protection.

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Crl.O.P.(MD) No.15761 of 2019

3. The learned Government Advocate(Crl.Side) would submit that on the complaint given by the petitioner, the second respondent conducted enquiry and closed the same as civil in nature.

4. Admittedly there is a civil dispute between the petitioner and the respondents 3 and 4. At this stage Police protection cannot be given to the petitioner.

5. Hence the Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the concerned civil court for appropriate relief.

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

1. The Superintendent of Police Theni District

2. The Inspector of Police Cumbum Police Station Cumbum, Theni District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC to M/s.M. ESWARAN, Advocate ( SR-95849[F] dated 04/11/2019 ) Crl.O.P.(MD) No.15761 of 2019 31.10.2019 KM/(08.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2