Sundaramurthy, 41 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20032 of 2017 Sundaramurthy ... Petitioner Vs

1. The Superintendent of police, Cuddalore District, Cuddalore.

2. The Inspector of police, Ramanatham police Station, Cuddalore District.

3. Mookan

4. Kannan

5. Aridass

6. Periyasamy ... Respondents (RR3 to 6 are impleaded as per order dated of this Hon'ble Court dated 28/02/2018 made in Crl.MP.No.14908/2017) Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to provide police protection to the petitioner to survey the petitioner's land bearing Survey No.4/1, 4/2 measuring about 3 acres 63 cents situated at Mangalore village, veppur Taluk, Cuddalore District to secure the ends of justice.

For Petitioner :Mr.M.Velmurugan For Respondents1-2 :Mr.P.Kritika Kamal Government Advocate(Criminal Side) For Respondents3-6 :No appearance

ORDER

The petitioner submits that he is the absolute owner of the patta land bearing Survey numbers 4/1 and 4/2, measuring about 3 acres 68 cents situated at Mangalore village, Veppur Taluk, Cuddalore district, which is adjacent to the residence of the respondents 3 to 6 herein. While so, the adjacent land owners are creating problem with regard to the land mark and boundary line of the petitioner's property. Hence the petitioner has taken steps to survey his land. However, the same was objected by the respondents 3 to 6 who are the adjacent land owners. In this regard, the petitioner has given a representation dated 12.09.2017 to the respondents 1 & 2 to provide police protection for the survey to be conducted. Since, the said representation has not been considered till date, the petitioner

is before this Court.

2.Heard Mr. M. Velmurugan, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (crl side) appearing for the first and second respondents.

3. Though notice has been served to the respondents 3 to 6, there is no representation on behalf of them.

4. It is submitted by the learned counsel for the petitioner that the respondents 3 to 6 have no right to object the survey being carried out.

5.The learned Government Advocate(crl side) submitted that during the last enquiry, the respondents 3 to 6 had given statement stating that the survey can be continued after the harvest. It is now submitted by the learned Government Advocate (crl side) that the harvest was completed and as such, there cannot be any objections from the respondents 3 to 6 for the purpose of conducting the survey.

5.In this background, the petitioner is directed to make a representation to the first respondent seeking necessary police protection and on such representation being made, the second respondent shall consider it on its own merits and pass appropriate orders within a period of two weeks from the date of receipt of such representation. Such an exercise shall be completed after giving due opportunity to the petitioner as well as the respondents 3 to 6 herein. In the light of the above observations made in this order this Criminal Original petition is ordered accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar smn To

1. The Superintendent of police, Cuddalore District, Cuddalore.

2. The Inspector of police, Ramanatham police Station, Cuddalore District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.M.Velmurugan Advocate sr 24228 Crl.O.P.No.20032 of 2017 aa18/04/2018