M.Rudderappan v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1224 of 2022 M.Rudderappan

...Petitioner

Vs.

1. The Assistant Commissioner of Police, Selaiyur Range,Chennai - 600 073.

2. The State rep.by Inspector of Police, S-15, Selaiyur Police Station, Chennai - 600 073.

3. Rajammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent 1 and 2 herein to consider the petitioner's representation dated 08.07.2021 and provide adequate police protection to surveying and put up fencing in the petitioner's land in Survey No.289/1A, situated in Plot No.27, Srinivasa Nagar, Selaiyur Village, Tambaram Taluk, Chengalpattu Village, measuring to an extent of 3480 sq.feet in Document No.4443 of 1997, dated 06.10.1997 on the file of the Sub-Registrar, Tambaram.

For Petitioner :

Mr. R.Gokulakrishnan For Respondent :

Mr.E.Raj Thilak Nos.1& 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent 1 and 2 herein to consider the petitioner's representation dated 08.07.2021 and provide adequate police protection to surveying and put up fencing in the petitioner's land in Survey No.289/1A, situated in Plot No.27, Srinivasa Nagar, Selaiyur Village, Tambaram Taluk, Chengalpattu Village, measuring to an extent of 3480 sq.feet in Document No.4443 of 1997, dated 06.10.1997, on the file of the Sub-Registrar, Tambaram.

2.The grievance of the petitioner is that the petitioner had purchased a property in the year 1997 and residing there. The https://hcservices.ecourts.gov.in/hcservices/

property was purchased from one Sadhasivanpillai and Santhasadasivam. There was some dispute, thereafter, a suit was filed in O.S.No.301 of 2005, in which, the petitioner was shown as defendant and the same was dismissed against which, an appeal was filed in A.S.No.29 of 2010 and came to be dismissed. There had been other litigations and all the litigations had ended in favour of the petitioner. The other co-accused in the civil suit had approached this Court in W.P.No.4157 of 2021 seeking police protection and put up fencing in the land and the same was ordered. The petitioner on the same footing has filed this petition.

3.The learned Additional Public Prosecutor submits that on the representation of the petitioner, the petitioner was called for enquiry and thereafter, advised to approach the revenue authorities and to pay necessary fees for surveying and earmarking the property. He further submits that if the petitioner produces the necessary orders from the Tahsildar and the receipt for payment of the survey fees, the same would be considered.

4.The learned counsel for the petitioner submits that he will get appropriate orders from the Tahsildar and produce the challan for payment of the survey fees for surveying the land. 5.Recording the same this criminal original petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sli To

1. The Assistant Commissioner of Police, Selaiyur Range, Chennai - 600 073.

2. The State rep.by Inspector of Police, S-15, Selaiyur Police Station, Chennai - 600 073.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Gokulakrishnan, Advocate, S.R.No.4433 CRL.O.P.No.1224 of 2022 CA(CO) RGA(09/02/2022) https://hcservices.ecourts.gov.in/hcservices/