Madras High CourtCRL OP(MD)/21119/2022disposed of

C.Umayal v. The Deputy Superintendent Of Police

2022-11-30Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.21119 of 2022 1.C.Umayal 2.Thilagavathi

...Petitioners

vs 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.The Inspector of Police, Sakkottai Police Station, Sakkottai, Karaikudi Taluk, Sivagangai District.

3.Radha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 2 herein to give police protection to the life and limb of the Petitioners from the 3rd Respondent as per the complaint dated 23.09.2022.

For Petitioner : Mr.B.Muruganandam For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition had been filed to direct the Respondents 1 and 2 to give police protection to the Petitioners' life and limb from the third Respondent, as per the complaint dated 23.09.2022. 2.It is the submission of the learned Counsel for the Petitioners that the first Petitioner is the senior citizen. The second Petitioner is her daughter. It is the further contention of the learned Counsel for the Petitioners that there is Poramboke land adjacent to the house, in which the third Respondent is alleged to have been putting up thrash, which causes soil pollution/air pollution. The Petitioners suffer due to unbearable stench. Therefore, the Petitioners had given a complaint to the second Respondent. In spite of the same, no action had been taken. 3.

The second Petitioner, the daughter of the first Petitioner, had also been residing near the residence of the first Petitioner. She had also given a complaint with the second Respondent, based on which the second Respondent had registered a case in Cr.No.184 of 2022 on 24.09.2022.

third Respondent, her brother and her uncle are causing threat to the Petitioners herein.

4.The learned Additional Public Prosecutor for the Respondents 1 and 2 would submit that based on the complaint of the Petitioners herein, the FIR in Crime No.184 of 2022 was referred to Lok Adalat, in which both the parties settled the issue, based on which the third Respondent had paid a fine of Rs.600/-.

5.Considering the nature of the case that it is a civil dispute, the Petitioners are directed to approach the civil Court against the third Respondent. Only based on the order of the civil Court, the second Respondent will be able to initiate any action. 6.In the light of the above, the Criminal Original Petition is disposed of.

Internet:Yes/No 30.11.2022 Index:Yes/No mm 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm To 1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.The Inspector of Police, Sakkottai Police Station, Sakkottai, Karaikudi Taluk, Sivagangai District.

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

Crl.O.P (MD) No.21119 of 2022 30.11.2022 4/4