Citation : 2022 Latest Caselaw 1180 Mad
Judgement Date : 25 January, 2022
CRL.O.P.No.1415 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.1415 of 2022
A.Amirtharaj ... Petitioner
Vs.
1.The State Rep by
The Commissioner of Police,
Greater Chennai,
Chennai – 600 007.
2.The Inspector of Police,
R6-Kumaran Nagar Police Station,
Chennai.
3.A.Jayapandian
4.Veerapandian
5.Andrews
6.Alban ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the respondents 1 and 2 police to
give police protection to provide Electricity Connection and installation
of Electricity meter for the petitioner's property bearing Door no.53,
Andiappan Street, West Mambalam, Chennai – 600 033.
1/6
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.1415 of 2022
For Petitioner : Mr. S.Ramachandran
For Respondent : Mr.E.Raj Thilak
Nos.1& 2 Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the
respondents 1 and 2 police to give police protection to provide electricity
connection and installation of electricity meter for the petitioner's
property bearing Door no.53, Andiappan Street, West Mambalam,
Chennai – 600 033.
2.The grievance of the petitioner is that the petitioner had given
representation on 05.01.2022, to the 1st and 2nd respondents seeking
police protection for installation of electricity meter and connection.
Though the petitioner had purchased the property from one Velayudha
Naicker on 01.03.1995, thereafter, he has been in enjoyment of the
property. There is some dispute between the petitioner and his brothers
with regard to the property and the petitioner filed a suit in O.S.No.12804
of 2010 and the same ended in favour of the petitioner by judgment dated
25.08.2021. The aggrieved parties had filed an appeal in A.S.No.445 of
https://www.mhc.tn.gov.in/judis CRL.O.P.No.1415 of 2022
2021 and also CMP No.18724 of 2021 for stay of operation of the decree
of the Civil Court, but this Court had dismissed the same on 29.11.2021.
In view of the same, the petitioner's enjoyment of the property is
confirmed according to the petitioner. The Electricity Board authorities
had gone to install the electricity meter, at that time they were threatened,
therefore, the authorities left the premises without giving connection and
installing the meter. When the petitioner approached the respondent
police, they informed that the Electricity Board authorities to lodge a
complaint. In view of the same, the petitioner is denied having electricity
connection and fixing of meter.
3.The learned Additional Public Prosecutor submits that it is a
never ending fight between the petitioner and his brothers. The
petitioner never obtained any orders from the Electricity Board
department to install the meter and provide electricity connection and
nothing has been produced by the petitioner. If the petitioner provides
orders from the concerned department, the same would be considered
favourably. He further submitted that the second respondent made it
https://www.mhc.tn.gov.in/judis CRL.O.P.No.1415 of 2022
clear to the petitioner that they cannot involve in the civil dispute
between the petitioner and his brothers and informed the petitioner to
approach the Civil Court about the dispute and get appropriate orders and
thereafter, the same would be considered by the respondent police.
4. Recording the same, this criminal original petition is disposed
of.
25.01.2022
Index: Yes/No Internet: Yes/No sli
https://www.mhc.tn.gov.in/judis CRL.O.P.No.1415 of 2022
To
1.The State Rep by The Commissioner of Police, Greater Chennai, Chennai – 600 007.
2.The Inspector of Police, R6-Kumaran Nagar Police Station, Chennai.
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis CRL.O.P.No.1415 of 2022
M.NIRMAL KUMAR, J.
sli
CRL.O.P.No.1415 of 2022
25.01.2022
https://www.mhc.tn.gov.in/judis
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