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Madras High CourtCRL OP/3999/2022disposed of

Deivanai v. The Superintendent Of Police,

2022-02-22Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.3999 of 2022 Deivanai ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri-636805.

2. The Inspector of Police, Mahendramangalam Police Station, Mahendramangalam, Dharmapuri District.

3. R.Velan

4. Madhammal ... Respondents PRAYER: The Criminal Original Petition filed under Section 482 of Code of Criminal Procedure pleased to direct the 2nd respondent police to provide necessary police protection to the petitioner property to an extent of 0.50 square feet, bearing survey No.495/10, ad measuring at West to 495/9, North to 279, South to 495/11, East to 497/1, situated at Bommanur village, Jakkasamuthiram Post, Palacode Taluk, Dharmapuri District and to the petitioner, her family members on complaint dated 17.01.2022 before the second respondent given by the petitioner. For Petitioner : Mr.V.Balamurugan For Respondents : Mr.V.Meghanathan Government Advocate (Crl. Side)

ORDER

The petition has been filed seeking to direct the 2nd respondent police to provide necessary police protection to the petitioner property to an extent of 0.50 square feet, bearing survey No.495/10, ad measuring at West to 495/9, North to 279, South to 495/11, East to 497/1, situated at Bommanur village, Jakkasamuthiram Post, Palacode Taluk, Dharmapuri District and to

the petitioner, her family members on complaint dated 17.01.2022 before the second respondent given by the petitioner.

2. Learned counsel appearing for the petitioner would submit that the petitioner belongs to the Boyer Community and during the year 2008, the Government had invited an application from the landless poor people for grant of patta for construction of house under the scheme of xix-k; mDge;jk;> 21-k; ne.epiy cj;juT> 7 tJ ghuh> (ii) gFjp. The petitioner made an application under the said scheme and she was allotted a plot measuring 0.50 Sq.ft., bearing survey No. 495/10 in Bommanur village, Jakkasamuthiram Post, Palacode Taluk, Dharmapuri District. While so, the respondents 3 and 4, who are the adjacent land owners of the petitioner, have interfered with the possession of the petitioner and they are attempting to put up construction in the land allotted to the petitioner. Thereby, the petitioner has given a representation to the second respondent on 17.01.2022 to give police protection. Since, the respondents 1 and 2 have not acted upon the complaint given by the petitioner, the present petition has been filed.

3. Mr.V.Balamurugan, learned Government Advocate (Crl. Side) would submit that the respondents 3 and 4 are the adjacent land owners of the petitioner. There exist a dispute between them in respect of boundaries. The second respondent enquired the same and had advised the petitioner to approach either the competent Civil Court to get necessary orders or the Authorities of Revenue Department to survey the land. He would further submit that it is a civil dispute between the parties, so the second respondent has not intervened.

4. Recording the same, the petition stands closed. The petitioner is at liberty to approach either the survey authorities or the competent Civil Court.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar rgi/ham To

1. The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri-636805.

2. The Inspector of Police, Mahendramangalam Police Station, Mahendramangalam, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Balamurugan, Advocate SR.No.11873 Crl.O.P.No.3999 of 2022 GPL(CO) GMY(15/03/2022)