1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.(MD).NO.5334 of 2011 V.Veeranan .. Petitioner Versus State Rep. thro 1.Commissioner of Police, Madurai City, Madurai. 2.The Asst.Commissioner of Police, L & O Anna Nagar Sub Division, Anna Nagar,Madurai-20. 3.The Inspector of Police, Puthur Police Station, Madurai. .. Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent not to harass the petitioner. For Petitioners: Mr.T.K.Gopalan For Respondent : Mr.S.Muthu Venkatesan Govt. Advocate (Crl.side) O R D E R This application is filed seeking for a direction, directing the third respondent not to harass the petitioner. 2. It is submitted by Mr.T.K.Gopalan, learned counsel for the petitioner that the petitioner obtained a decree in O.S.No.706 of 2004, on the file of the District Munsif Court, Melur against one Narasimman and the appeal filed by Narasimman in A.S.No.7 of 2008, on the file of the Sub Court, Madurai at Melur was also dismissed. 3.Even thereafter, the Narasimman with the help of the third respondent attempted to interfere with the enjoyment of the petitioner's property and therefore, the petitioner gave a complaint to the third respondent and that was received in receipt No.133 of 2011 and after enquiry, the said Narasimman was warned by the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Even thereafter, on the pretext of another complaint given by Narasimman, the third respondent along with 10 constables came to the petitioner's property on 01.04.2011 and threatened the petitioner to remove the thatched shed and eastern side boundary stones and as the third respondent is acting as a behest of the Narasimman and giving harassment and hence, this petition is filed. 5.The learned Government Advocate (Crl.side) submitted that on the complaint given by the petitioner, the matter was enquired into and Narasimman was directed to approach the Civil Court to settle his dispute with the petitioner and the Narasimman also submitted that he would take action through Civil Court against the petitioner. He further submitted that the third respondent has not harassed the petitioner in the manner as alleged by the petitioner. 6. Without going into the veracity of the allegation made by the petitioner, when it is admitted that the petitioner has obtained a decree in O.S.No.706 of 2004 against the Narasimman and that was also confirmed in appeal, in the absence of any Stay or injunction order granted by higher forum the police officials should not help the person against whom decree was passed and they should support the decree holder. Therefore, the petition is disposed of by directing the third respondent not to interfere in the civil matter between the petitioner and Narasimman and not to indulge in any act so as to cause harassment on disturbance to the petitioner. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Asst.Commissioner of Police, L & O Anna Nagar Sub Division, Anna Nagar, Madurai-20. 3.The Inspector of Police, Puthur Police Station, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. Crl.O.P.(MD).NO.5334 of 2011 am SMA/17.5.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/