Madras High CourtCRL OP(MD)/18138/2023disposed of

Kavitha Rani v. The Superintendent Of Police

2024-11-22Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Kavitha Rani

...Petitioner

Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Sub Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

3.The Tahsildar, Aranthangi Taluk, Aranghangi, Pudukkottai District.

4.The Taluk Surveyor, Aranthangi Taluk, Pudukkottai District.

5.Sathiyamoorthi 6.Rakkaiah 7.Vimalraj 8.Murugayee 9.Kumar

...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent Nos.1 and 2 to provide adequate Police protection to the petitioner to survey and fence his property in S.No.30/1F, to an extent of 0.76.50 Ares, situated at Kooganur Village, Aranthangi Taluk, Pudukkottai District in O.S.No.115 of 2011 on the file of the District Munsif Court, Aranthangi, based on the judgment and decree dated 24.07.2015 and the petitioner's complaint dated 30.08.2023. For Petitioner : Mr.D.Ramesh Kumar For R-1 to R-4 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) For R-5 to R-8 : Mr.B.Micheal Sebastin

O R D E R

This Criminal Original Petition has been filed seeking for Police protection to the petitioner based on the Civil Court decree that has been passed in O.S.No.115 of 2011 by the District Munsif Court, Alangulam, by judgment and decree dated 24.07.2015.

2. In the considered view of this Court, if a Civil Court has already decided the dispute and it has become final, the parties are bound by the same and no one can be permitted to take law into their own hands. Therefore, the private respondents will not cause any disturbance to the possession and enjoyment of the petitioner and if the private respondents want to work out their remedy, they should do so by filing an appeal against the decree of the Civil Court and proceed further in accordance with law. This clarity will sufficiently take care of the grievance 2/4

expressed by the petitioner. If in spite of this order, any threat is exhorted on the petitioner, the same shall be dealt with by the second respondent in accordance with law.

3. This Criminal Original Petition is disposed of in the above terms. 22.11.2024 Index : Yes / No Internet : Yes / No Speaking Order/Non Speaking Order TSG To 1.The District Munsif Court, Aranthangi.

2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Sub Inspector of Police, Nagudi Police Station, Nagudi, Pudukkottai District.

4.The Tahsildar, Aranthangi Taluk, Aranghangi, Pudukkottai District.

5.The Taluk Surveyor, Aranthangi Taluk, Pudukkottai District.

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

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N.ANAND VENKATESH, J.

TSG 22.11.2024 4/4