IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI

Crl.O.P.No.29731 of 2018

T.Rajendran

.. Petitioner

Vs.

1. State Rep by

The Commissioner of Police,

Office of the Commissioner of Police,

Greater Chennai City,

Vepery, Chennai.

2. The Assistant Commissioner of Police,

R.K.Nagar Rang, R.K.Nagar,

Chennai.

3. Inspector of Police,

R.K.Nagar Police Station,

R.K.Nagar,Chennai.

.. Respondents

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to direct the 3^rd respondent to

monetary investigate and provide a police protection to vacate

illegally occupy and stored thing by Sivakumar and Saravanan in

the way of the petitioner house, based on the petitioner

complaint dated on 15.06.2018.

For Petitioners : Mr.S.Chandranathan

For Respondents

: Mr.C.E.Pratap

Government Advocate(Crl.Side)

O R D E R

The petitioners have filed this petition seeking

appropriate action on the petitioner complaint dated 15.06.2018.

2. The learned counsel appearing for the petitioner

submitted that the petitioner's father one Mr.Thangavel owns a

property in his name situated at No.94/154, First Street,

Nethaji Negar, Tondiarpet, Chennai 600 081 and the petitioner's

father have 5 sons and 5 daughters. After the death of the

father, with the consent of the two daughters, the said property

was equally divided and settled to their five sons and they are

in possession and enjoyment of the said property. All of a

sudden, the petitioner's brother namely Sivakumar and Saravanan

had illegally trespassed into the property which was partitioned

in favour of the petitioner. Therefore, the petitioner has filed

a Suit in O.S.NO.6338 of 2013 before the II Assistant Civil

Court at Chennai and the said Suit got decreed as exparte before

the Trial Court and it has become final, no challenge was made

to the said exparte order. However, the petitioner's brothers

continues to disturb the possession of the petitioner by

illegally occupying his land. Aggrieved by the same, the

petitioner has preferred a complaint before the law enforcing

agency on 15.06.2018. Though the said complaint was lodged on

15.06.2018, till date the respondent has not taken any action on

the same. Hence, the petitioner left with no other option except

to approach this Court, has filed the present petition.

3. The learned Government Advocate (Crl.Side)

submitted that already the petitioner has approached the

competent Civil Court by filing a Suit in O.S.No.6338 of 2013

and the said Suit has also got decreed in favour of the

petitioner. If anyone violated the decreetal order, it is open

to the petitioner to file an appropriate petition before the

Trial Court and without adjudicate the matter before the

competent forum, straight away approaching this Court by filing

the present petition, is not sustainable. Hence prays for

dismissal of this petition.

4. The facts in the present case is not in dispute

that admittedly there was a civil dispute between the petitioner

and his brothers, due to which, the petitioner has already filed

a Suit in O.S.No.6338 of 2013 and the said Suit has also decreed

as exparte order. It appears that even after the said exparte

order, the petitioner's brother continued to disturb the

peaceful possession of the property, for which, the petitioner

has filed a complaint before the law enforcing agency.

5. As rightly pointed out by the learned Government

Advocate (Crl.Side), if there is any violation of the exparte

order, the only remedy open to the petitioner is to approach the

competent Civil Court by filing an appropriate application

before it. However, without exhausting the remedy available to

the petitioner before the competent forum, seeking relief under

Section 482 by filing this present