Madras High CourtCRL OP(MD)/18398/2019dismissed as infructuous

M. Mathivanan v. The Superintendent Of Police

2022-01-19Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)No.18398 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.18398 of 2019 M.Mathivanan ... Petitioner vs.

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

2.The Inspector of Police, Siruganur Police Station, Trichy District.

3.Sundari 4.Vanitha (R3 and R4 impleaded as per order dated 25.11.2021 in Crl.M.P.(MD) No.11077 of 2019 in Crl.O.P.(MD) No.18398 of 2019) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the respondents to give adequate police protection for conducting the survey and lay the fencing of the petitioner's land in Survey No.70/5 and 70/6 based up on the petitioner's representation dated 16.10.2019.

For Petitioner : Mr.M.Sridharan For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side) for R1 & R2 Mr.C.Abulkalam Azad for R3 & R4

O R D E R

This criminal original petition has been filed seeking direction to the respondents 1 and 2 to give adequate police protection for conducting survey and lay the fencing of the petitioner's land situated in Survey No.70/5 and 70/6 based upon the petitioner's representation dated 16.10.2019. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18398 of 2019 2.When the matter was taken up for hearing on 10.01.2022, the learned Government Advocate (Crl. Side) submitted that in view of the endorsement made by both the parties that the matter would be agitated before the competent civil Court, the complaint was ordered to be closed. The learned counsel for the petitioner sought time for getting instructions.

3.When the matter is taken up for hearing today (19.01.2022), the learned Government Advocate (Criminal Side) would submit that the petitioner as well as the respondents 3 and 4, who are impleaded subsequently by this Court appeared before the second respondent and made endorsement that they would agitate the matter before the competent civil Court and that no further action is necessary. 4.In view of the submission made by the learned Government Advocate (Criminal Side), this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) csm 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, Trichy District,Trichy.

2.The Inspector of Police, Siruganur Police Station,Trichy District.

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

+1 CC to M/s.C.ABULKALAM AZAD, Advocate ( SR-1832[F] dated 20/01/2022 ) Crl.O.P.(MD)No.18398 of 2019 19.01.2022 MGJ(03.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2