K.Balakrishnan vs State Through
2022 Latest Caselaw 6094 Mad

                                                             1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 24.03.2022

                                                          CORAM:

                                  THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               Crl.O.P.(MD) No.5519 of 2022

                     K.Balakrishnan                                                  ...Petitioner


                                                                 Vs.

                     1. State through
                        The Superintendent of Police,
                        O/o. Superintendent of Police,
                        Pudukkottai District,
                        Pudukkottai.

                     2. The Inspector of Police,
                        Thirumayam Police Station,
                        Thirumayam,
                        Pudukkottai District.

                     3. Kaliaperumal                                                ...Respondents


                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
                     direct R1 and R2 to take over the possession of the property from the R3 and
                     to hand over the same to the petitioner and further to issue adequate police
                     protection to the petitioner for his life and limb and the property situated in
                     natham Survey Nos.90/5, 90/6 and 90/7 at Panangudi Revenue Village,
                     Thirumayam Taluk, Pudukkottai District in the light of the petitioner's
                     representation, dated 01.03.2022 and 16.03.2022.
                                    For Petitioner       : Mr.P.Santhana Krishnan

                                    For Respondents      : Mr.R.M.Anbunithi
                                    No.1 & 2               Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
                                                                  2



                                                              ORDER

This petition has been filed seeking direction to direct first and second

respondents to take over the possession of the property from the third

respodent and to hand over the same to the petitioner and further to issue

adequate police protection to the petitioner for his life and limb and the

property situated in natham Survey Nos.90/5, 90/6 and 90/7 at Panangudi

Revenue Village, Thirumayam Taluk, Pudukkottai District in the light of the

petitioner's representation, dated 01.03.2022 and 16.03.2022.

2. The petitioner owned property in S.Nos. 90/5,90/6 and 90/7 at

Panangudi Revenue Village, Thirumayam Taluk, Pudukottai District. However

the third respondent filed O.S.No. 26 of 2010 on the file of the Principal Sub

Court, Pudukottai for exeuction and the same was ordered in his favour.

Aggrieved by the same, the petitioner has filed a Civil Revision Petition

before this Court in CRP(MD) No.234 of 2021 and this Court by an order

dated 06.12.2021 set aside the judgment and decree passed by the Principal

Sub Court, Pudukottai. Further this Court also set aside the sale deed

executed in favour of the third respondent and directed the petitioner to

deposit a sumof Rs.2,00,000/- and accordingly the petitioner deposited the

said amount. However the third respondent failed to hand over the possession https://www.mhc.tn.gov.in/judis

to the petitioner in respect of the subject property. Therefore, it is clear that

all the allegations are civil in nature and the petitioner ought to have

approached the civil Court in the manner known to law.

3. In the result, the Criminal Original Petition is dismissed as devoid of

merits.

24.03.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order aav

To

1. The Superintendent of Police, O/o. Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukkottai District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court

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

G.K.ILANTHIRAIYAN.J.,

aav

Crl.O.P.(MD) No.5519 of 2022

24.03.2022

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