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A.Amirtharaj vs The State Rep By
2022 Latest Caselaw 1180 Mad

Citation : 2022 Latest Caselaw 1180 Mad
Judgement Date : 25 January, 2022

Madras High Court
A.Amirtharaj vs The State Rep By on 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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