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2025 DAILYLAW 114993 (MAD)

Naganathan v. The Superintendent of Police

CRL OP(MD)/424/2024 · 2025-03-28

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P(MD)No.424 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.424 of 2024 Naganathan ... Petitioner Vs 1. The Superintendent of Police, Ramanathapuram District. 2. The Deputy Superintendent Of Police, Thirudavadai Circle, Ramanathapuram District. 3. The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District. 4. Kalyana Sundaram 5. Subramaniyan 6. Kottaisamy 7. Sathasivam ... Respondents 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.424 of 2024 PRAYER: Criminal Original petition has been filed under Section 482 of Cr.P.C direct the respondents 1 to 3, to give adequate Police Protection to the Petitioners life and limb and property situated in survey number 1/1 b Extend of 2 acre 25 cents, melakaikudi village kudalur group R.S Mangalam Taluk, Ramanathapuram District, the properties were demarcated as per the order passed by this Court in W.P(MD)Nos.12886 and 16973 of 2021 by a common order, dated 23.02.2022 and further based on his complaint dated 18.12.2023. For Petitioners : Mr.A.Nithiya For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R5 and R6 : No Appearance O R D E R This Criminal Original Petition has been filed seeking a direction to the respondents 1 to 3, to give adequate police protection to the 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.424 of 2024 petitioner's life and limb and property situated in survey No. 1/1 b Extend of 2 acre 25 cents, melakaikudi village kudalur group R.S Mangalam Taluk, Ramanathapuram District. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that there is a dispute between the petitioner and the private respondents in respect of cultivating the land and thereby, the petitioner lodged a complaint. Based on the same, an FIR in Crime No. 212 of 2024 was registered. Since the police protection is for the disputed property, without any decree in favour of the petitioner, police protection cannot be granted to the petitioner. 3.Since the prayer of the petitioner is to give police protection for the disputed property, it is for the petitioner to take appropriate steps to approach civil court and establish his rights. 4.In view of the above, this Court is of the opinion that without any civil decree, police protection cannot be granted to the petitioner for the disputed property. Accordingly, this Criminal Original Petition is 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.424 of 2024 closed. However, if any criminal activities done by the private respondents, the petitioner shall approach the third respondent with a specific complaint. 28.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To 1. The Superintendent of Police, Ramanathapuram District. 2. The Deputy Superintendent Of Police, Thirudavadai Circle, Ramanathapuram District. 3. The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.424 of 2024 P. DHANABAL, J. LR Crl.O.P(MD)No.424 of 2024 28.03.2025 5/5 https://www.mhc.tn.gov.in/judis