S.Kamalam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.12.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.21226 of 2022 S.Kamalam

...Petitioner

vs

1. The Superintendent of Police Kanniyakumari Dsitrict Nagercoil

2. The Inspector of Police Anjugraman Police Station Kanniyakumari District

3. Sivarajabharath

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondents 1 and 2 to give necessary police protection to the Petitioner based on his representation dated 27.11.2022. For Petitioner : Mr.S.Iyyappan For R1 and R2 :Mr.R.Sivakumar Government Advocate(Crl.Side) 1/5

O R D E R

This Criminal Original Petition had been filed to direct the Respondents 1 and 2 to give necessary police protection to the Petitioner based on his representation dated 27.11.2022.

2. The Petitioner states in the affidavit that she is the owner of the property and the property having purchased through registered sale deed. Also she had enclosed copy of the order in the Writ Petition wherein the learned Single Judge of this Court had ordered the Respondents in the Writ Petition namely revenue officials to consider the representation of the Petitioner that does not mean that she is in enjoyment of the property as patta land. When the sale deed is un-registered sale deed, it gives presumption that the sale deed is not as per law. For illegal action,the Petitioner is attempting to seek protection order against the public officials which cannot be granted under the guise of police protection. The affidavit of the Petitioner is found suppressing material facts. 2/5

3. The learned Government Advocate(Crl.Side)would submit that the Petitioner is in enjoyment of the poramboke land (land which belongs to the Government). When that being the case she had filed Writ Petition seeking protection. The Writ Petition was disposed of with a direction to consider the representation of the Petitioner only.

4. Under those circumstances this Criminal Original Petition filed under Section 482 of Cr.P.C is found to be mischievous and misconceived.

5. In view of the same, the Criminal Original Petition stands dismissed.

01.12.2022 Internet:Yes./No Index:Yes/no aav To

1. The Superintendent of Police Kanniyakumari Dsitrict Nagercoil 3/5

2. The Inspector of Police Anjugraman Police Station Kanniyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.21226 of 2022 01.12.2022 5/5