Madras High Court
Cdr Raj Kumar Suri vs The Superintendent Of Police on 16 December, 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 16.12.2014 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.OP No.30483 of 2014 Cdr Raj Kumar Suri .. Petitioner Vs 1.The Superintendent of Police Krishnagiri, Krishnagiri District, Tamil Nadu State. 2.The Inspector of Police, Bagalur Police Station, Krishnagiri, Krishnagiri District, Tamil Nadu state. .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to give police protection to the petitioner for the purpose of constructing (relaying) the boundary wall on the eastern side of the petitioner's property comprised in Survey No.7/5 measuring 1.37.0 hectares (Ac.03.38 cents) situated nin Kagganur Village, Sevaganapalli Post, Hosur Taluk, Krishnagiri District, Tamil Nadu State, situated within the registration Sub District of Hosur. For Petitioner :Mr.B.Harikrishnan For Respondents :Mr.M.Maharaja, Additional Public Prosecutor ORDER
Seeking a direction to the respondents to give police protection to the petitioner for the purpose of constructing (relaying) the boundary wall on the eastern side of the petitioner's property comprised in Survey No.7/5 measuring 1.37.0 hectares (Ac.03.38 cents) situated nin Kagganur Village, Sevaganapalli Post, Hosur Taluk, Krishnagiri District, Tamil Nadu State, situated within the registration Sub District of Hosur, the petitioner has come up with this petition.
2.This petition has come up today for admission. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and I have also perused the records carefully.
3.The learned counsel for the petitioner would submit that the property comprised in Survey No. 7/5 measuring 1.37.0 hectares (Ac.03.38 cents) situated in Kagganur Village, Sevaganapalli Post, Hosur Taluk, Krishnagiri District is absolutely belonging to the petitioner. But, one Mr.Y.Lakshmiah is preventing the petitioner from making construction on a compound wall as he has got right of pathway over the said property.
4.It is brought to my notice that a proceeding under Section 145 Cr.P.C., was initiated by the Sub Collector, Hosur in respect of the above pathway dispute, in which, some order was passed in faovur of the petitioner. As against the same, a revision has been filed by Mr.Y.Lakshmiah and the same has also been dismissed by this Court. Thereafter, it is brought to my notice that the Civil Suit has been filed by Mr.Y.Lakshmiah but, no interim order has been passed.
5.In my considered opinion, when the Civil Court has seized up the matter, it not possible for this Court to issue any such direction as sought for by the petitioner. Further, the remedy for the petitioner lies before the Civil Court.
6.In view of all the above, the Criminal Original Petition fails and accordingly, the same is dismissed however, with liberty to the petitioner to work out his remedies in the manner known to law.
16.12.2014 jbm To
1.The Superintendent of Police Krishnagiri, Krishnagiri District, Tamil Nadu State.
2.The Inspector of Police, Bagalur Police Station, Krishnagiri, Krishnagiri District, Tamil Nadu state.
3.The Public Prosecutor, High Court, Madras.
S.NAGAMUTHU,J jbm Crl.OP No.30483 of 2014 16.12.2014