P.Matharasi Sathyapriya vs 4 Sulochana
2021 Latest Caselaw 148 Mad

                                                            1

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                    DATED : 04.01.2021

                                                          CORAM

                              THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.19538 of 2020

                P.MATHARASI SATHYAPRIYA                                   ... Petitioner

                                                           Vs.

                1         THE SUPERINTENDENT OF POLICE
                          THE SUPERINTENDENT OF POLICE
                          DISTRICT POLICE OFFICE
                          KRISHNAGIRI.

                2         THE INSPECTOR OF POLICE
                          THE INSPECTOR OF POLICE
                          HUDCO POLICE STATION
                          HOSUR, KRISHNAGIRI.

                3         V.LOKESH


                4         SULOCHANA                                       ... Respondent



                          This Criminal Original Petition is filed under Section 482 Cr.P.C. to
                pass an order of direction directing the 2nd respondent to give police
                protection to construct the compound wall of the petitioner.


                                   For Petitioner                : Mr.K.Nagarajan
                                   For Respondent                : Mr.M.Mohamed Riyaz
                                                                  Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
                                                          2

                                                       ORDER

This Criminal Original Petition has been filed seeking for police

protection based on the complaint given by the petitioner on

19.10.2020.

2. It is seen from records that the petitioner wanted to

construct a compound wall and the same was objected by the third and

fourth respondent. Hence, police protection has been sought for

against them to enable the petitioner to put up the compound wall.

3. Heard the learned counsel appearing for the petitioner and

the learned Additional Public Prosecutor appearing on behalf of the

respondents 1 and 2.

4. It has been time and again held by this Court that police

protection cannot be granted in case of property disputes and the

parties will have to be necessarily directed only to approach the

competent Civil Court and seek for the remedy. Useful reference can

be made to the Judgment of this Court in “Church of South India – https://www.mhc.tn.gov.in/judis/

Madras Diocese, R.K.Pet Pastorate, rep. by its Presbyter-in-charge

..vs.. The State, rep. By Inspector of Police” reported in 2009 (2)

MLJ Crl.1009.

5. In view of the above, this Court is not inclined to grant the

relief sought for by the petitioner and it is left open to the petitioner

to approach the competent Civil Court and seek for appropriate

remedy.

6. This Criminal Original Petition is accordingly disposed of.

mra 04.01.2021

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

To

1 THE SUPERINTENDENT OF POLICE THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE KRISHNAGIRI.

2 THE INSPECTOR OF POLICE THE INSPECTOR OF POLICE HUDCO POLICE STATION HOSUR, KRISHNAGIRI.

3. THE PUBLIC PROSECUTOR, MADRAS HIGH COURT, CHENNAI.

https://www.mhc.tn.gov.in/judis/

N.ANAND VENKATESH,J.

mra

Crl.O.P.No.19538 of 2020

https://www.mhc.tn.gov.in/judis/ 04.01.2021