The petitioner sought police protection from respondents alleged to be obstructing his property rights. The Court held the dispute was purely civil and not open to police intervention, dismissing the petition.
Liberty to the petitioner to workout his rights before the appropriate Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2018
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.6060 of 2018
K.Selvam ... Petitioner
Versus
1.State, rep. by,
The Inspector of Police,
Elachipalayam Police Station,
Tiruchengode Taluk,
Namakkal District.
2.E.K.Kaliyannan
3.E.K.Ganesan
4.Balasubramani
5 .Kalirathinam
6.Dhuraisamy ... Respondents
PRAYER: Criminal Original Petition is filed under Section
482 of the Code of Criminal Procedure, to direct the 1 st
respondent Police to grant Police protection on the basis of the
petitioner complaint/representation dated 31.03.2017.
For Petitioner : Mr.D.Shivakumaran
For 1 st Respondent : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
O R D E R
This petition has been filed seeking for a direction to the respondent Police to give Police proctection. 2. It is seen from the averments made in the affidavit that the respondents 2 to 6 are causing obstruction to the petitioner in enjoying of the property and are threatening the petitioner with dire consequences.
3. A complaint was given to the respondent Police and the same is pending and in the meantime, the petition has been filed seeking for Police protection.
4. The nature of dispute is purely civil in nature and the petitioner has to seek his remedy only before the appropriate Civil Court. The police cannot interefere in a matter of this nature.
1 issue framed by the court
Whether the High Court can direct the Police to grant protection in a purely civil dispute over property.
1 provisions across 1 enactments
K.Selvam
State, rep. by The Inspector of Police, Elachipalayam Police Station
E.K.Kaliyannan
E.K.Ganesan
Balasubramani
Kalirathinam
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
