Madras High CourtCRL OP(MD)/17252/2019disposed of

Raja S/O Muthukaruppathevar v. The Superintendent Of Police

2021-11-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.17252 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.17252 of 2019 Raja .. Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Sub Inspector of Police, Uthappanaickanur Police Station, Madurai District.

3.Mookan 4.Uchathevar 5.Dhanaraj 6.Manickam 7.Jayakodi .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent herein to provide adequate police protection to the petitioner and his family members at the time of his agricultural operation in Survey No.209/1B1 an extent of 2 acres 39 cents of Poduvarpatti Village, Usilampatti, Madurai District, on the basis of representation given by the petitioner, dated 14.10.2019, within the time stipulated by this Court. For Petitioner : Mr.R.Anand For Respondents : Mr.M.Muthumanikkam for RR1 & 2 Counsel for Government of Tamil Nadu (Crl. Side) : Mr.V.Nagendran for RR3 to 7

ORDER

This petition has been filed seeking direction to the 2nd respondent herein to provide adequate police protection to the petitioner and his family members at the time of his agricultural operation in his property.

2.When the matter is taken up for hearing, the learned counsel for the private respondents 3 to 7 submitted that the decree that has been passed by the trial Court regarding the issue in A.S.No.45 of 2017 has been filed by the third respondent and other respondent herein before Sub Judge, Madurai, Usilampatti Camp and by the order dated 20.04.2017, Status quo has been ordered. Now https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17252 of 2019 appeal is pending before the concerned Appellate Court. When the matter is pending before the Appellate Court, granting of police protection to one of the parties may not arise. 3.The learned Government Counsel would submit that based upon the representation made by the petitioner enquiry was undertaking in C.No.175 of 2019. During the enquiry it was found that there is a civil dispute between the parties pending before the concerned Appellate Court and the parties agreed to abide by the Judgment by the Court. Based upon the undertaking, it was closed on 10.12.2019. Since the representation that has been made by the petitioner has been closed, nothing survives in this petition for further consideration and has agreed by the parties, they have to workout their remedy before the appropriate Court, before which the suit is pending.

4.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Madurai District.

2.The Sub Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

+1 CC to M/s.V. NAGENDRAN, Advocate (SR-35909[F] dated 25/11/2021) Crl.O.P.(MD)No.17252 of 2019 25.11.2021 ARK(CO)/SB(10.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2