Madras High CourtCRL OP(MD)/20770/2022dismissed

Balan v. The Superintendent Of Police

2024-02-21Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.20770 of 2022 Balan ... Petitioner Vs.

1.The State Rep by The Superintendent of Police, Tirunelveli District, Tirunelveli.

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

3.Santha 4.Rajina @ Rose Mangalamary 5.Vanitha Asmeen ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 & 2 to provide adequate police protection for the life and limb of the petitioner and for his properties in S.No.795/1, 796/4 to an extent of 67 cents situated at Vadakkankulam Panchayat, Perungudi-1 Village, Tirunelveli District, by considering the petitioner's representation dated 02.11.2022. For Petitioner : Mr.R.Maheswaran For R1 & R2 : Mr.S.Manikandan Government Advocate (Crl.Side) For R3 to R5 : No Appearance 1/4

ORDER

This petition has been filed to direct the respondents 1 & 2 to provide adequate police protection for the life and limb of the petitioner and for his properties in S.No.795/1, 796/4 to an extent of 67 cents situated at Vadakkankulam Panchayat, Perungudi-1 Village, Tirunelveli District, by considering the petitioner's representation dated 02.11.2022.

2. The learned counsel appearing for the petitioner would submit that the petitioner tried to construct the compound wall and fence his property and the same was objected by the private respondents herein. Hence, the petitioner sent a representation to the respondents 1 & 2 on 02.11.2022 seeking appropriate action against the private respondents and to provide adequate police protection for the life and limb of the petitioner and for fencing his properties based on the measurement of the Firka Surveyor. But, the same was not considered. Thereby, the petitioner filed this petition with the above said prayer. 3.The learned Government Advocate (Crl.Side) appearing the State would submit that it is purely a civil dispute between the petitioner and the private respondents. Hence, it has to be ventilated only before the competent civil Court.

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4. Recording the same, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law. 21.02.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No dss To 1.The State Rep by The Superintendent of Police, Tirunelveli District, Tirunelveli.

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

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

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M.DHANDAPANI, J.

dss Crl.O.P.(MD)No.20770 of 2022 21.02.2024 4/4