M.Kannan vs The Superintendent Of Police
2023 Latest Caselaw 6958 Mad

                                                                                   Crl.O.P.No.6342 of 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 23.06.2023

                                                          CORAM

                        THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                   Crl.O.P.No.6342 of 2023

                M.Kannan                                                     ... Petitioner

                                                             Vs.
                1.The Superintendent of Police,
                  Kallakurichi,
                  Kallakurichi District.

                2.The Inspector of Police,
                  Keelkuppam Police Station,
                  Kallakurichi District.

                3.Subramanian                                    ... Respondents
                PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,
                directing the 2nd respondent namely the Inspector of Police, Keelkuppam Police
                Station, Kallakurichi District to give police protection to the petitioner to put up
                a fence around his land, which is mentioned in the complaint on the basis of the
                petitioner's complaint to the 2nd respondent dated 15.02.2023.


                                  For Petitioner      : Ms.T.Nithya

                                  For R-1 & 2         : Mr.Leonard Arul Joseph Selvam
                                                        Government Advocate (Crl. Side)

                                  For R3              : Mr.A.Ramesh


https://www.mhc.tn.gov.in/judis
                Page 1 of 4
                                                                                  Crl.O.P.No.6342 of 2023

                                                         ORDER

This Criminal Original Petition has been filed for directing the 2nd

respondent namely the Inspector of Police, Keelkuppam Police Station,

Kallakurichi District to give police protection to the petitioner to put up a fence

around his land, which is mentioned in the complaint on the basis of the

petitioner's complaint to the 2nd respondent dated 15.02.2023.

2. Learned counsel for the petitioner submitted that, petitioner is the

absolute owner of the property concerned in O.S.No.413 of 2012. Since

petitioner's brother namely 3rd respondent is obstructing the possession and

enjoyment of the property, petitioner filed a Suit for declaration and possession.

The Suit was decreed in favour of plaintiff on 30.10.2013. Petitioner also filed

execution petition. Petitioner is in the possession of the property, eventhough

execution petition is filed. Therefore, representation was given seeking police

protection. However, respondent has not provided police protection,

necessitating filing of this petition.

3. In reply, learned counsel for the 3rd respondent submitted that, against

the judgment and decree in O.S.No.413 of 2012, 3rd respondent filed Appeal in

A.S.No.73 of 2022 and it is pending on the file of Sub-Court, Kalakurichi. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.6342 of 2023

4. Considered the submissions and perused the records.

5. It is seen from the submissions of the learned counsel for the parties

that, there are litigations both civil and criminal, pending between the petitioner

and 3rd respondent. Though petitioner succeeded in O.S.No.413 of 2012 filed

for declaration and possession, now there is an Appeal pending against the

judgment and decree. The Suit itself filed for declaration and possession,

meaning that, petitioner is not in possession of the property. Therefore,

petitioner's claim for police protection, when Appeal in A.S.No.73 of 2022 is

pending, cannot be entertained.

6. In view of the above, this Criminal Original Petition is dismissed.

23.06.2023

Index:Yes/No Speaking/Non speaking order gd

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

Crl.O.P.No.6342 of 2023

G.CHANDRASEKHARAN.J.,

gd

To

1.The Superintendent of Police, Kallakurichi, Kallakurichi District.

2.The Inspector of Police, Keelkuppam Police Station, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6342 of 2023

23.06.2023

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