M/S.J.G.Shelters (Madras) Llp v. The Deputy Commissioner Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2018
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.734 of 2018 J.G. Shelters (Madras) LLP represented by one of the Directors Nanda Kumar 105 Old Trunk Road Pallavaram Chennai 600 043 Petitioner vs.
The Deputy Commissioner of Police St. Thomas Mount Chennai 600 016 The Inspector of Police (Law & Order) S-5 Pallavaram Police Station Chennai The Special Tahsildar Town Survey and Settlement G.S.T. Road Pallavaram K. Maran Respondents (RR 3 & 4 impleaded as per order dated 14.03.2018 passed in Crl.M.P. No.3951 of 2018) Criminal Original Petition filed under Section 482 of Cr.P.C. seeking to direct the official respondents to provide sufficient police protection to the petitioner to put up a compound wall around the vacant land measuring an extent of acre 9.16 comprised in Survey No.38,40,39/2,3,4, 396/1,2,3 and 397 situated at Pallavaram, Chennai.
For petitioner Mr. G. Murugendran For RR 1 & 2 Mr. C. Raghavan Govt. Adv. (Crl. Side)
ORDER
This Criminal Original Petition has been preferred seeking to direct the official respondents to provide sufficient police protection to the petitioner to put up a compound wall around the vacant land measuring an extent of acre 9.16 comprised in Survey No.38,40,39/2,3,4, 396/1,2,3 and 397 situated at Pallavaram, Chennai.
It is the case of the petitioner that the lands described in paragraph no.4 infra, belong to them and that they have entered into a joint development agreement with Casa Grande Pvt. Ltd. for development of the said lands. When the development work commenced, some local persons, claiming themselves to be members of a political outfit, were illegally preventing construction activity from taking place. Hence, the present petition seeking the aforesaid relief. Today, Ms. A. Selvi, WPC 43294, S5, Pallavaram Police Station, is present before this Court.
The learned Government Advocate (Crl. Side) submitted a report dated 19.04.2018 given by the Special Tahsildar, Town Settlement, Pallavaram, which reads as under: "An application has been filed by M/s. CASA Grand (Pvt.) Ltd. Chennai for measuring the lands in respect of the lands in Old S. No.38/1, 40 Part, 40/1,2 of Issa Pallavaram and S. Nos.396/1, 2 & 3, 397/3 of Zamin Pallavaram Village.
The Sub Inspector of Survey of this office has reported that the lands under reference were measured to the satisfaction of the applicant. He has reported that the following lands have been registered in TSLR in the name of M/s. J.G. Shelters (Madras) Ltd. as mentioned against each.
T.S. No.
Ward Block Extent (Sq.
mts) 1/1 1/2 17635 129/1 129/2
T.S. No.
Ward Block Extent (Sq.
mts) Total 28559 The applicant is informed that the Sub Inspector of Survey of this office has reported after measurement to the satisfaction of the applicant that the above lands are presently under the enjoyment of M/s. CASA GRAND Builders Private Limited."
In view of the above report, it is the duty of the police to give protection to the lawful activities of the petitioner and ensure that there is no threat and intimidation from such outfits.
Accordingly, this Court directs the respondent police to give protection to the petitioner to put up a compound wall around the property mentioned above.
This Criminal Original Petition stands disposed of with the above direction.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cad To The Deputy Commissioner of Police St. Thomas Mount Chennai 600 016 The Inspector of Police (Law & Order) S-5 Pallavaram Police Station Chennai The Special Tahsildar Town Survey and Settlement G.S.T. Road Pallavaram
The Public Prosecutor High Court of Madras Chennai 600 104 +4cc to Mr. G. Murugendran, Advocate sr.no.45841,46390 Crl.O.P.No.734 of 2018 kj(co) nr 18/07/2018