Madras High Court
V.Ganapathi vs The Inspector General Of Police on 10 November, 2021
1 CRL.O.P.(MD)NO.7757 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.7757 of 2021
1. V.Ganapathi
2. Sudha ... Petitioners
Vs.
1. The Inspector General of Police,
South Zone,
No.1, New Natham Road,
B.B.Kulam, Race Course Colony,
Madurai – 625 002.
2. The Superintendent of Police,
Theni District, Theni.
3. The Inspector of Police,
Rayappanpatti police station,
Theni District.
4. V.Suruli Ram
5. M.Manikandan ... Respondents
Prayer: Criminal Original petition is filed under Section
482 of Cr.P.C, to issue a suitable direction, directing the
second respondent herein to suitably instruct the third
respondent herein to provide appropriate and adequate police
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2 CRL.O.P.(MD)NO.7757 OF 2021
protection to the petitioners for their peaceful possession and
cultivation of the lands bearing Survey No.1669/1 of an extent
of 93 ½ cents with pathway rights, Survey No.1670/2 of an
extent of 35 cents and Survey No.1669/3 pathway rights based
on the registered partition deed dated 01.02.2010 and as well
as the judgment and decree passed in counter claim in O.S.
No.201 of 2017 on the file of the District Munsif Court,
Uthamapalayam dated 08.04.2021 in the light of the
petitioner's representation dated 05.06.2021.
For Petitioners : Mr.A.Saravanan
For Respondents : Mr.T.Senthil Kumar,
Additional Public Prosecutor.
***
ORDER
The petitioners have filed this criminal original petition
seeking police protection.
2. It is seen that the suit filed by the private respondents
against the petitioner had suffered a dismissal. I am afraid
that on the strength of the dismissal of the suit filed by the
respondents, relief cannot be granted to the petitioners. At
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3 CRL.O.P.(MD)NO.7757 OF 2021
this stage, the learned counsel appearing for the petitioners
informs the Court that the petitioners have now filed O.S.
No.136 of 2021 on the file of the District Munsif,
Uthamapalayam and that it is posted for hearing on
08.12.2021. In the event of the petitioners obtaining any
interim relief or final decree in their favour in the suit, it
would certainly be open to the petitioners to move this Court
again for the relief of police protection. In any event, the
rights of the parties will be governed by the suit instituted by
the petitioners herein.
3. In the earlier suit, the petitioners herein filed a
counter claim and the said counter claim that was in respect
of the pathway had been decreed. If the scope of the present
petition is confined only to pathway rights, this Court would
have granted relief. But the scope of the dispute appears to
have expanded considerably and that is why, I hold that based
on the outcome of O.S.No.136 of 2021 filed by the petitioners
herein on the file of the District Munsif, Uthamapalayam,
relief can be granted in future.
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4 CRL.O.P.(MD)NO.7757 OF 2021
4. With this observation, this criminal original petition is
disposed of.
10.11.2021
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To:
1. The District Munsif,
Uthamapalayam.
2. The Inspector General of Police,
South Zone, No.1, New Natham Road,
B.B.Kulam, Race Course Colony,
Madurai – 625 002.
3. The Superintendent of Police,
Theni District, Theni.
4. The Inspector of Police,
Rayappanpatti police station,
Theni District.
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
5 CRL.O.P.(MD)NO.7757 OF 2021
G.R.SWAMINATHAN,J.
PMU
Crl.O.P.(MD)No.7757 of 2021
10.11.2021
https://www.mhc.tn.gov.in/judis
