Madras High Court
Tmt.K.Malliga vs The Inspector Of Police on 6 July, 2021
CRL.O.P.No.11459 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.11459 of 2021
Tmt.K.Malliga ... Petitioner
.vs.
1.The Inspector of Police,
Vanur-Police Station,
Villupuram District.
2.The Deputy Superintendent of Police,
Kottakuppam Division,
Villupuram District.
3.The Superintendent of Police,
Villupuram,
Villupuram District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent police to give
adequate police protection to the petitioner's life and property situate
in S.No.237/7 0.78 cents and on various survey number to a extent of 5
acres situated at Ravuthankuppam Village & Post, Vanur Taluk,
Villupuram District, in pursuant to the injunction order dt.08.02.2021
passed in I.A.No.37 of 2021 in O.S.No.48 of 2021 on the file of the
Additional Subordinate Judge at Tndivanam.
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
CRL.O.P.No.11459 of 2021
For Petitioner : Mr.M.Arumugam
For Respondents : Mr.A.Damodaran
Government Advocate (Crl.side)
ORDER
The petitioner filed this petition seeking direction to give
adequate police protection to the petitioner's life and property situate
in S.No.237/7 0.78 cents and on various survey number to a extent of 5
acres situated at Ravuthankuppam Village & Post, Vanur Taluk,
Villupuram District.
2.He further submits that he had already filed a civil suit
against the encroachers in O.S.No.48/2021, before the Additional
Subordinate Judge, Tindivanam and had also obtained an interim
injunction order in I.A.No.37 of 2021.
3.The learned Government Advocate (Crl.Side) submitted
that it is only an interim order. He relied upon the judgment of this
Court in the case of Radhika Sri Hari v. Commissioner of Police
reported in (2014) 2 CTC 695 . He further submits that the civil court is
vested with the power and the entire materials are available before the
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.11459 of 2021
civil court to pass appropriate orders the Civil Suit has not reached.
finality. Hence, normally this Court shows restrains in invoking Section
482 of Cr.P.C., and will not issue any direction for police protection in a
property dispute. The petitioner can approach the civil court and file
necessary petition seeking police protection. Except giving this liberty to
the petitioner, no further orders can be passed in this criminal original
petition.
4.With the above directions, this criminal original petition is
dismissed.
06.07.2021
Index: Yes/No
Internet: Yes/No
kp
To
1.The Inspector of Police,
Vanur-Police Station,
Villupuram District.
2.The Deputy Superintendent of Police,
Kottakuppam Division,
Villupuram District.
3.The Superintendent of Police,
Villupuram, Villupuram District.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.11459 of 2021
4.The Public Prosecutor,
High Court, Madras.
M.NIRMAL KUMAR, J.
kp
CRL.O.P.No.11459 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
