The Court dismissed a criminal petition seeking police protection for agricultural activities on disputed land. It held that civil disputes regarding land title and possession must be resolved by the competent civil court, not the police.
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Crl.O.P.(MD)No.9698 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.9698 of 2021
1.Vanitha
2.Senthil Kumar ...Petitioners Vs.
1.The Superintendent of Police, Trichy District. Trichy.
2.The Sub-Inpsector of Police, Kattuputhur Police Station, Trichy District.
3.Subramanian
4.Mallika
5.Sudhakar ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to directing the second respondent to provide adequate police protection to the petitioners to carry out agricultural activities in petitioners land in Survey No.416 measuring an extent of 3.65 acres situated at Nagaiyanallur Village, Thottiyam Taluk, Trichy District by considering the representation of the second petitioner dated 11.07.2021.
For Petitioner : Mr.T.Lenin Kumar
For R1 & R2 : Mr.M.Veeranthiran Additional Public Prosecutor
For R3 to R5 : Mr.Chamundi Bose
O R D E R
Heard the learned counsel for the petitioners, learned Government Advocate for respondents one and two, and learned counsel for the respondents three to five.
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Crl.O.P.(MD)No.9698 of 2021
five. The petitioners want this Court to direct the respondent police to provide them protection to carry out the agricultural activities in the petition mentioned land. The claim of the petitioners is contested by the private respondents herein. The issue between them can be resolved only by the Jurisdictional Civil Court. It is not open to the respondent police to interfere in the matter. The request for grant of police protection is misconceived. Leaving open the rights and remedies available to the respective parties, this Criminal Original Petition is dismissed.
Sd/-
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
mga/csm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Superintendent of Police, Trichy District. Trichy.
2.The Sub-Inpsector of Police, Kattuputhur Police Station, Trichy District
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.9698 of 2021 16.11.2021
RD(29.11.2021) 2P 4C
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1 issue framed by the court
Whether a police officer can provide protection during a civil land dispute without court intervention.
1 provisions across 1 enactments
Vanitha
Senthil Kumar
The Superintendent of Police, Trichy District.
The Sub-Inspector of Police, Kattuputhur Police Station, Trichy District.
Subramanian
Mallika
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
