Madras High CourtCRL OP(MD)/18909/2023disposed of

Mahuthum Nihara v. The Superintendent Of Police

2024-09-11Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2024

CORAM

The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY CRL OP(MD). No.18909 of 2023 Mahuthum Nihara ... Petitioner Vs.

1. The Superintendent of Police Office of the Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police Keelakarai Police Station, Keelakarai -623517, Ramanathapuram District.

3. Jaibun Nisha

4. Benazir Begum

5. Jainul Abideen

6. Seyed Abuthahir

7. Thameemul Ansa ... Respondents PRAYER :- This Petition is filed under Section 482 Cr.P.C, to direct the 1st and 2nd respondents to give adequate Police Protection to the Petitioner's life and limp from the 3rd to 7th respondents, based on the representation given by the petitioner.

For Petitioner : Mr.A.M.D.Mohamed Salin Hussain For Respondents : Mrs.M.Aasha Government Advocate (Crl.Side)for R1&2 : Mr.J.M.Hazzanul Bazari for R3 to 7

ORDER

The petitioner has filed this petition for police protection.

2. Heard the learned counsel on either side.

3. The grievance of the petitioner seems to be after constructing a house and when he started plastering the wall, the private respondents being the neighbour are preventing him.

4. When the matter came up for hearing, the learned Government Advocate (Criminal side) would submit that the petition given by the petitioner was enquired, both sides appeared before the respondent police and upon considering the fact that there is a boundary dispute as to whether the wall of the petitioner within the land of the petitioner or encroachment into the land of the respondents, they have advised the

parties to approach the Civil court. Both sides have already undertaken that they will approach the Civil Court for relief. In view thereof, it will be open for the petitioner to approach the appropriate civil court for relief and as and when any order/decree is passed by the civil Court, it will be open for the petitioner to seek police protection.

5. With such liberty preserved to the petitioner, this Petition stands disposed of.

11.09.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO

1. The Superintendent of Police Office of the Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police Keelakarai Police Station, Keelakarai - 623517, Ramanathapuram District.

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

D.BHARATHA CHAKRAVARTHY,J LS

ORDER

IN CRL OP(MD) No.18909 of 2023 Date : 11.09.2024