Madras High CourtCRL OP/22962/2016disposed of

Mrs.Mailathal v. The State Rep. By

2020-08-27Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.22962 of 2016 Mailathal ... petitioner Vs.

1. The State rep.by The Inspector of Police, Karrumathupetti Police Station, Sulur Taluk, Coimbatore District.

2.Periyasamy ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent herein to consider the petitioner representation dated 06.06.2016 and to give police protection to the concern Surveyor to measure and survey the land in question.

For petitioner : Mr.P.Tamilavel For Respondents: Mr.K.Prabakar Additional Public Prosecutor for R1 Mr.S.Sivanandam for R2

O R D E R

This petition has been filed to direct the respondent herein to consider the petitioner representation dated 06.06.2016 and to give police protection to the concern Surveyor to measure and survey the land in question.

2.There seems to be some dispute with regard to enjoyment of the property and also demarcation of the same, for which, the petitioner has given a representation to the first respondent on 06.06.2016 for seeking police protection for surveying the land. 3.The learned Additional Public Prosecutor submitted that the respondent Police conducted enquiry on the representation given by the petitioner for police protection and directed the petitioner as well as the 2nd respondent to approach the civil Court. He further submitted that the prayer sought for in this https://hcservices.ecourts.gov.in/hcservices/

petition cannot be entertained for the reason that there is no apprehension of any disturbance or threat to the petitioner requiring police protection and the dispute between the petitioner and the second respondent is civil in nature and the parties to approach the civil Court for their remedy.

4. The learned Additional Public Prosecutor submitted that since the petitioner has not paid fees for surveying the lands, the surveyor has not visited the place for conducting survey. If such situation arises, the surveyor would make requisition for protection and the same would be considered in accordance with law.

5. Recording the submissions made by the learned Additional Public Prosecutor, the Criminal Original Petition is dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To 1.The Inspector of Police, Karrumathupetti Police Station, Sulur Taluk, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.Sivanandam, Advocate Sr.No. 28182 CRL.O.P.No.22962 of 2016 CA(CO) RMP(19/11/2020) https://hcservices.ecourts.gov.in/hcservices/