Vasu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.1730 OF 2022 Vasu ... Petitioner

Versus

1. The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri.

2. Inspector of Police, Soolagiri Police Station Krishnagiri District.

3. C.Lakshmanan

4. C.Venkatesh ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st and 2nd respondents to provide police protection to the petitioner for surveying and measuring his Survey No.60/1, to an extent of 2.79 acres situated at Maarandappalli Village, Shoolagiri Taluk, Krishnagiri District by revenue authorities as per the petitioner's complaint dated 04.01.2022.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondents to provide police protection to the petitioner for surveying and measuring his Survey

No.60/1, to an extent of 2.79 acres situated at Maarandappalli Village, Shoolagiri Taluk, Krishnagiri District by revenue authorities as per the petitioner's complaint dated 04.01.2022

2. The case of the petitioner is that he is the absolute owner of the property comprised in Survey No.60/1, to an extent of 2.79 acres situated at Maarandappalli Village, Shoolagiri Taluk, Krishnagiri District and he purchased the same by way of sale deed dated 22.10.2021 registered as Doc No:4502 of 2021 in the office of the SRO Shoolagiri, Krishnagiri District. As the vendors of the property are creating problem by not permitting the petitioner to carry out agricultural activities, the petitioner approached the respondent police who had directed the petitioner to survey the land with the help of revenue authorities and thereafter the petitioner approached the revenue authorities paid necessary survey fee vide challen dated 31.12.2021.

Thereafter, when the revenue authorities came to the petitioner's land for surveying the same, the respondents 3 and 4 obstructed and threatened them and hence they are unable to survey the land, for which the petitioner sought for police protection from the respondents 1 and 2, but they have not taken any action. Hence, the petitioner has filed this Petition.

3. The learned Additional Public Prosecutor submitted that the petitioner was directed to appear before the respondent police along with challan with respect to payment of survey fee, but the petitioner had not appeared.

4. Considering the facts and circumstances of the case and also submissions made, this Court directs the petitioner to approach the revenue authorities and fix a date for survey with them, which shall be intimated to the respondent police and thereafter the respondent police shall give police protection to the revenue authorities to conduct survey. It is made clear that in case of any obstruction by any person, appropriate action shall be taken by the respondent police.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar arr

To

1. The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri.

2. Inspector of Police, Soolagiri Police Station Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Mohamed Riyaz, Advocate, S.R.No.4584 CRL.O.P.No.1730 of 2022 AJB(CO) PM/07/02/2022