Madras High CourtCRL OP(MD)/18700/2023dismissed

K.Kanagadas v. The Superintendent Of Police

2023-12-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. K.Kanagadas

2. P.Sandhanadurai ... Petitioners Vs.

1.The State rep by The Superintendent of Police, O/o.The Superintendent of Police, Dindigul.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

4.M.Justin Prakash ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the respondents 1 to 3 to provide protection to the petitioners and their family for their life and limb to release the lock and open the gate to the pathway of their lands in T.S 1/4

Nos.8/2 and 8/4 situated at ward B Block 10 of the Kodaikanal Town Dindigul District based on the judgment in O.S.No.43 of 2017 dated 23.10.2018 on the file of the District Munisif Cum Judicial Magistrate Kodaikanal.

For Petitioners : Mr.K.Anandan For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R4 : Mr.N.Mohan

ORDER

This Criminal Original Petition is filed to direct the respondents 1 to 3 to provide protection to the petitioners and their family for their life and limb to release the lock and open the gate to the pathway of their lands in T.S Nos.8/2 and 8/4 situated at ward B Block 10 of the Kodaikanal Town Dindigul District based on the judgment in O.S.No.43 of 2017 dated 23.10.2018 on the file of the District Munisif Cum Judicial Magistrate Kodaikanal.

2. In the prayer it is wrongly stated that a suit in O.S.No.43 of 2017 is decreed on 23.10.2018 in favour of the petitioner. Actually it is 2/4

pending before the trial Court namely the Distirct Munsif Court, Kodaikanal. Pending the civil process, representation was made by the petitioner seeking police protection. This is not at all maintainable.

3. Learned counsel for the fourth respondent is also entered appearance.

4. Learned counsel for the petitioner stated that a suit is filed only by the petitioners herein.

5. Whatever it may be, pending civil process, there is no question of interference either by this Court or by the police. The petitioners can work out remedy in the pending suit itself.

6. Accordingly, this Criminal Original Petition is dismissed. 13.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

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

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