Venkateshwarababu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.OP.No.2071of 2020 Venkateshwara Babu .. Petitioner -vs1. The Superintendent of Police, Nagapattinam District, Nagapattinam.

2. The Inspector of Police, Kutthalam Police Station, Nagapattinam District.

3. Saravanan

4. Senthil .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to provide police protection to the petitioner land to survey the measurement comprised in Survey No.108/10 to an extent of 3 cents situated at Kutthalam Town, Nagapattinam District pursuant to the petitioner complaint dated 22.12.2019. For Petitioner : Mr.M.Subash For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to provide police protection to the petitioner to measure the land comprised in Survey No.108/10 to an extent of 3 cents situated at Kutthalam Town, Nagapattinam District pursuant to the petitioner complaint dated 22.12.2019

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents .

3. The learned counsel for the petitioner has submitted that the petitioner is the owner of the aforesaid piece of land and that the third and fourth respondents are not having any right over the said property, but, they are not allowing the petitioner to measure the property and hence, the https://hcservices.ecourts.gov.in/hcservices/

petitioner has approached the second respondent by giving complaint dated 22.12.2019 seeking police protection, but, the second respondent has not passed any order on the said complaint.

4. Per Contra, the learned Additional Public Prosecutor has submitted that there is a dispute with regard to the boundaries and hence the petitioner has to approach the Civil Court.

5. Considering the aforesaid submissions, the second respondent is directed to call both the parties as well as respondents 3 and 4 and enquire about the petitioner's complaint and dispose of the same in accordance with law within a week from the date of receipt of a copy of this order.

6. With the aforesaid directions, this Criminal Original Petition is disposed of.

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

1. The Superintendent of Police, Nagapattinam District, Nagapattinam.

2. The Inspector of Police, Kutthalam Police Station, Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Rajesh , Advocate SR.No. 7592 CRL.O.P.No.2071 of 2020 A.SK(19/02/2020) https://hcservices.ecourts.gov.in/hcservices/