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Madras High CourtCRL OP(MD)/17372/2018dismissed

P.Saravanan,S/O.Lateparanjothi v. The Deputy Superintendent Of

2019-11-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.17372 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.17372 of 2018 P.Saravanan ... Petitioner -Vs1.The Deputy Superintendent Of Police, Alangulam Division, Tirunelveli District.

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

3.The Thasildar, Veera Kerala Pudur, Tirunelveli District.

4.Mariyappan, ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 to 3 to provide police protection for fifteen days at petitioner's cost to enable the petitioner to setup barbed wire fencing in his land bearing survey No.483/1, measuring 5 acre and 4 cents and in Survey No.483/4 measuring 74 cents in Kulayaneri Village, Veera Kerala Pudur Taluk, Tirunelveli District without any disturbance from the fourth respondent and his henchmen.

For Petitioner : Mr.T.K.Gopalan For R1 to R3 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to provide police protection for fifteen days at petitioner's cost to enable the petitioner to setup barbed wire fencing in his land bearing survey No.483/1, measuring 5 acre and 4 cents and in Survey No.483/4 measuring 74 cents in Kulayaneri Village, Veera Kerala Pudur Taluk, Tirunelveli District without any disturbance from the fourth respondent and his henchmen.

2. The learned Government Advocate (criminal side) would submit that on the complaint lodged by the petitioner in respect of property dispute, the second respondent referred the matter before the Revenue Divisional Officer and the Revenue Divisional Officer has conducted enquiry and closed as the allegations are 'civil in nature'.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17372 of 2018

3. Admittedly, the civil dispute is also pending, therefore, the prayer sought for by the petitioner, cannot be granted. Hence, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to file appropriate petition before the Civil Court in the manner known to law.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Deputy Superintendent Of Police, Alangulam Division, Tirunelveli District.

2.The Inspector of Police, Surandai Police Station, Tirunelveli District.

3.The Thasildar, Veera Kerala Pudur, Tirunelveli District.

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

Crl.O.P.(MD)No.17372 of 2018 18.11.2019 VB(06.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2