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Madras High CourtCRL OP/3610/2022disposed of

Anbarasan v. The Superintendent Of Police

2022-02-24Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3610 OF 2022 Anbarasan

...Petitioner

Vs.

1.The Superintendent of Police, Pothinayanapally, Krishnagiri District, Tamil Nadu - 635 001.

2.The Inspector of Police, Nagarasampatty, Krishnagiri District, Tamil Nadu - 635 204.

3.Krishnan

...Respondents

PRAYER : This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to direct the 1st respondent to instruct the 2nd respondent herein viz., the Inspector of Police, Nagarasampatty, Krishnagiri District to provide police protection for his fishing rights based on the complaint given by him to the 2nd respondent dated 18.01.2022. For Petitioner : Mr.M.Maharaja For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 & R2

O R D E R

(This case has been heard through video conference) The petition has been filed to direct the 1st respondent to instruct the 2nd respondent herein viz., the Inspector of Police, Nagarasampatty, Krishnagiri District to provide police protection for his fishing rights based on the complaint given by him to the 2nd respondent dated 18.01.2022. 2.The case of the petitioner is that the BDO-Kaveripattinam in his proceedings in Na.Ka.No.2198/2021/A4 dated 29.11.2021 had issued advertisement for granting fishing rights in the Pattanur

lake. The petitioner had participated in the auction and he was the highest bidder and he was granted rights to fish in the Pattanur lake for the period from 01.07.2021 to 30.06.2022. Pursuant to the auction, the petitioner had purchased different breeds of fish and let it in the lake for further growth and development. The petitioner had spent more than a sum of Rs.5,00,000/- for their feedings.

3. When the petitioner had attempted to harvest the fish, the neighboring villagers under the leadership of one Krishnan and his henchmen prevented and threatened the petitioner with the country pistol, crow bar, hand sickle and other weapons and threatened him not to catch the fish in the said lake. He would submit that the petitioner is legally entitled to fish in the lake. The petitioner had given a complaint to the 2nd respondent, the 2nd respondent has not given any police protection. Whereas, the 3rd respondent and his henchmen are threatening him with dire consequences.

4. The learned Additional Public Prosecutor would submit that the 2nd respondent will conduct an enquiry with the BDO and the parties concerned and take appropriate steps to give adequate police protection.

5. In view of the above, the 2nd respondent is directed to conduct an enquiry and if it is found that the petitioner is the person who has been granted fishing rights in the above said lake, he shall be provided an adequate police protection.

6. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar jas/tsh To 1.The Superintendent of Police, Pothinayanapally, Krishnagiri District, Tamil Nadu - 635 001.

2.The Inspector of Police, Nagarasampatty, Krishnagiri District, Tamil Nadu - 635 204.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.3610 of 2022 SPD(CO) RVM(17/03/2022)