IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.NO.17037 OF 2021

V.Balakrishnan

... Petitioner

Versus

1. The Commissioner of Police,

Coimbatore City,

Near Collectorate,

Coimbatore – 641 018.

2. The Deputy Commissioner of Police,

Office of the Commissioner of Police,

Coimbatore City,

Near Collectorate,

Coimbatore – 641 018.

3. The Assistant Commissioner of Police,

Singanallur,

Coimbatore.

4. The Inspector of Police,

E3, Saravanampatti Police Station,

Saravanampatti,

Coimbatore.

... Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, directing the respondents not to

harass the petitioner in respect of the civil disputes between

the petitioner and the plaintiffs in O.S.No.729 of 2018, on the

file of the IV Additional Judge District Munsif Court,

Coimbatore.

For Petitioner :

Mr.K.Selvaraj

For Respondents:

Mr.R.Vinoth Raja

Government Advocate [Crl. Side]

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Criminal Original Petition is filed to direct the

respondents not to harass the petitioner in respect of the civil

disputes between the petitioner and the plaintiffs in O.S.No.729

of 2018, on the file of the IV Additional Judge District Munsif

Court, Coimbatore.

2.The contention of the petitioner is that the petitioner is

the defendant in a suit filed by the counter complainant's

father. The Advocate Commissioner was appointed in I.A.No.277

of 2018 in O.S.No.729 of 2018 by the IV Additional District

Munsif Court, Coimbatore, even before the final outcome of the

suit, on the guise of the facts and not considering the

petitioner's father old age.

3.The learned Government Advocate [Crl. Side] submitted that

there is a dispute in the pathway. The counter complainant

admits about the civil suit, the only issue is that the

petitioner had earlier lodged a complaint in C.S.R.No.468 of

2021. Now the counter complainant had lodged a complaint and

C.S.R.No.580 of 2021 had been assigned. The petitioner had put

up an obstruction in the path way, for which a complaint had

lodged with the Revenue Divisional Officer and the Revenue

Divisional Officer had initiated proceedings and directed the

Thasildar to inspect the property and sent a report. For the

purpose of finding out the path way and the physical features,

the Revenue Divisional Officer shortly visited the place. The

petitioner is required not to obstruct the enquiry of the

Thasildar and the Revenue officials.

4.In view of the same, the petitioner is directed not to

obstruct the inspection conducted by the Thasildar and the

Revenue Officials and also directed to allow and co-operate with

the Revenue officials to make physical examination and enquiry,

with regard to the path way.

5.With the above observation, this Criminal Original

Petition stands disposed of.

Sd/-

Deputy Registrar

//True Copy//

Sub Assistant Registrar

ah

https://hcservices.ecourts.gov.in/hcservices/

To

1. The Commissioner of Police,

Coimbatore City,

Near Collectorate,

Coimbatore – 641 018.

2. The Deputy Commissioner of Police,

Office of the Commissioner of Police,

Coimbatore City,

Near Collectorate,

Coimbatore – 641 018.

3. The Assistant Commissioner of Police,

Singanallur, Coimbatore.

4. The Inspector of Police,

E3, Saravanampatti Police Station,

Saravanampatti,

Coimbatore.

5. The Public Prosecutor,

High Court, Madras.

Copy To

1.The IV Additional Judge cum

District Munsif Coimbatore.

2.The Thasildar

Coimbatore.

3.The Revenue Divisional Officer

Coimbatore.

+1cc to Mr.Selvaraj, Advocate, S.R.No.48425

CRL.O.P.No.17037 of 2021

MG(CO)

PM/28/09/2021

https://hcservices.ecourts.gov.in/hcservices/