Madras High Court
Pasuvappa vs The Inspector Of Police on 11 August, 2021
CRL.O.P.No.13861 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.13861 of 2021
1.Pasuvappa
2.Dillibabu ... Petitioners
Versus
1.The Inspector of Police,
H1 Washermenpet Police Station,
Chennai-600 021.
2.Saravanan. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to give a police protection to continue the
construction work in our property due to avoid the law and order
problem may created by the defacto complainant.
For Petitioner : Mr.P.Suriyanarayanan
For R1 : Mr.A.Damodaran,
Government Advocate (Crl. Side)
*****
ORDER
This Criminal Original Petition has been filed to give Police
protection for construction work in the petitioner's property.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.13861 of 2021
2.The learned counsel for the petitioner submitted that the
petitioner's neighbour Saravanan is causing disturbance and obstructing
petitioner in constructing compound wall. Earlier, the said Saravanan
and his family members have filed a suit in O.S.No.3175 of 1986 against
the petitioner's father, which came to be dismissed on 24.08.1993 by the
learned XI Assistant Judge, City Civil Court, Chennai, against which an
appeal was filed in A.S.No.81 of 1997. The learned VII Additional
Judge, Civil City Court, Chennai had dismissed the appeal confirming
the judgment in O.S.No.3175 of 1986. Thereafter, another suit in
O.S.No.5362 of 2005 was filed by Saravanan's family before learned IV
Assistant Judge, City Civil Court, Chennai and the same was also
dismissed on 21.11.2014. In view of the same, the counter petitioner
Saravanan has got no right to obstruct construction work of the
petitioner. Now, the said Saravanan lodged a complaint to the 1st
respondent Police on 05.04.2021 and C.S.R.No.150 of 2021 was
assigned.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.13861 of 2021
3.The learned Government Advocate (Crl. Side) appearing on
behalf of the 1st respondent Police submitted that both Saravanan and the
petitioner appeared for enquiry in C.S.R.No.150 of 2021. During
enquiry, the parties undertook that they would approach the civil Court
for their relief. Based on which, C.S.R.No.150 of 2021 was closed.
4.Considering the rival submissions and on perusal of the
materials, it is seen that there is no civil Court order or any other
proceedings in favour of Saravanan to obstruct the construction of
compound wall. On the other hand, Saravanan and his family members
have filed civil cases, which were dismissed.
5.In view of the same, the 1st respondent Police is directed to
provide Police protection to the petitioner for constructing the compound
wall, unless there is any civil Court order against him.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.13861 of 2021
M.NIRMAL KUMAR, J.
vv2
6.With the above direction, this Criminal Original Petition is
disposed of.
11.08.2021
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Inspector of Police,
H1 Washermenpet Police Station,
Chennai-600 021.
2.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.13861 of 2021
https://www.mhc.tn.gov.in/judis/
