This petition is filed seeking a direction to provide adequate police protection to the petitioner and his agents for demolishing and altering the building situated at New No.44/6 Old No.7/45 4th Line North Beach Road Chennai 600 001.
2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing on behalf of the respondents.
3.The issue with regard to demolition of a common wall in the subject property is already pending before the learned IV Assistant City Civil Judge, Chennai in O.S.No.2119 of 2016. An interlocutory application filed by the third respondent seeking interim injunction restraining the petitioner herein from demolishing the suit property was dismissed earlier. The main prayer in the suit is also for demolition of the mother wall. When the issue involved in the present petition is pending before the City Civil Court, it would not be appropriate for this Court to grant an order for police protection for the purpose of demolition or altering the suit property.
4.In this background, the petitioner is granted liberty to approach the Civil Court seeking for police protection. In view of the same, the prayer sought for in the present petition filed under
Section 482 of Cr.P.C., is not maintainable and the same is dismissed.
5.The Criminal Original Petition is dismissed.
01.08.2017 Index : Yes/No smi To
1. The Commissioner of Police Greater Chennai E.V.K's Sampath Salai Vepery, Chennai.
2. The Inspector of Police, (Law and Order) B1-North Beach Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, smi Crl.O.P.No.11246 of 2017 01.08.2017