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2014 DIGILAW 3385 (MAD)

M. Selvam v. State rep. by its, Inspector of Police, Madurai

2014-09-17

N.KIRUBAKARAN

body2014
Judgment The petitioner has come before this Court seeking police protection for taking over the possession of his land in Survey No. 35/2-A situated in Kangeyanatham Village, Thirumangalam Taluk, Madurai District. 2. The learned counsel for the petitioner would submit that the opposite parties are trying to prevent the petitioner from entering into the property, even though the Revenue Divisional Officer, by order dated 20.03.2014, already decided the matter in his favour. Only as per order of the Revenue Divisional Officer, the petitioner wants to take possession of the property. 3. Heard Mr. T. Saravanapandian, learned counsel for the petitioner and Mr. P. Kandasamy, learned Government Advocate (crl.side) appearing for the State. 4. No doubt, the Revenue Divisional Officer has decided in favour of the petitioner, it does not mean that he can make use of Revenue Divisional Officer's order and get in to the possession. If the petitioner is out of possession and the opposite party is in possession, the proper course is only to approach the civil Court. Moreover, the opposite party filed O.S. No. 227 of 2014 for a declaration that they are owners of the property and for permanent injunction. When the matter is pending before the Civil Court and the petitioner is not having any Civil Court decree for possession, the police protection cannot be ordered. Hence, the Criminal Original Petition is dismissed.