Madras High Court
P.Pattani vs The Superintendent Of Police on 7 July, 2023
CRL.O.P.(MD)No.12267 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN
CRL.O.P.(MD)No.12267 of 2023
P.Pattani ... Petitioner
Vs
1.The Superintendent of Police,
Korampallam,
Thoothukudi-628 101.
2.The Deputy Superintendent of Police,
Brayant Nagar,
Thoothukudi-628 008.
3.The Inspector of Police,
Central Police Station,
Thoothukudi-628 001.
4.Vijayasankari ..Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying, to direct the respondent Nos.1 to 3 herein to provide adequate police
protection to life and limb of the petitioner and his family members and for their
house property in D.No.95/7A, Avudaiyarpuram, Thoothukudi, on the basis of
the representation dated 24.06.2023 as well as judgment and decree granted in
O.S.No.297 of 2018 on the file of the learned Principal District Munsif,
Thoothukudi, dated 12.10.2022.
https://www.mhc.tn.gov.in/judis
1/4
CRL.O.P.(MD)No.12267 of 2023
For Petitioner : Mr.C.M.Mari Chelliah Prabhu
For R-1 to R-3 : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
For R-4 : Mr.S.M.Ananthamurugan
ORDER
This petition is filed seeking for a direction to the police not to
harass the petitioner from the third respondent.
2. It is submitted by the learned counsel for the petitioner that he is
in possession and enjoyment of the house property and when respondent No.3
was forcefully trying to evict the petitioner, he has filed O.S.No.297 of 2018 on
the file of the learned Principal District Munsif, Thoothukudi and after
fullfledged hearing, O.S.No.297 of 2018 was decreed in his favour against the
fourth respondent and subsequently, an appeal has not been preferred and
exparte decree was not set aside and therefore, the injunction order has become
final.
3. It is submitted by learned counsel for the fourth respondent that
he is no way connected with the dispute in respect of the house site allegedly
belonging to the petitioner and that he resides about eighty kilometers away
from the said properties and he never tried to intervene. It is also submitted
that the original owner has transferred the property in favour of one Micheal
https://www.mhc.tn.gov.in/judis
CRL.O.P.(MD)No.12267 of 2023
Arulreon and Micheal Arulreon is making an attempt and he is taking steps to
evict the petitioner and others in respect of the property, which was purchased
by him, under registered sale deed.
4. On the other hand, learned Government Advocate (Criminal
Side) submits that the dispute between the parties are purely civil in nature and
they are advised the parties to approach the Civil Court in order to get their civil
dispute redressed and also stated that they have not interfered in the civil
dispute as alleged by the petitioner. The same is recorded.
5. Accordingly, the Criminal Original Petition is disposed of.
07.07.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
1.The Superintendent of Police,
Korampallam, Thoothukudi-628 101.
2.The Deputy Superintendent of Police,
Brayant Nagar,
Thoothukudi-628 008.
3.The Inspector of Police,
Central Police Station,
Thoothukudi-628 001.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL.O.P.(MD)No.12267 of 2023
DR.D.NAGARJUN, J.
tsg
CRL.O.P.(MD)No.12267 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
