V.Dhanapal v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4405 of 2022 V.Dhanapal ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri.

2.Inspector of Police, Uddanapalli Police Station, Uddanapalli, Soolagiri Taluk, Kirhsnagiri District.

3.Santha 4.Madhesh 5.Ranjitha ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st and 2nd Respondents to provide police protection to the Petitioner for surveying and measuring his land comprised in S.No.439/3B, New S.No.439/3B2 to an extent of 0.9.71 Hec. (24 cents) situated at Thiyaranadurkkam Village, Soolagiri Taluk, Krishnagiri District by the revenue authorities as per the Petitioner's complaint dated 11.02.2022.

For Petitioner : Mr.M.Mohammed Riyaz For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for RR1 & 2 No appearance for R3 to R5

O R D E R

This Criminal Original Petition has been filed to direct 1st and 2nd Respondents to provide police protection to the Petitioner for surveying and measuring his land comprised in

S.No.439/3B, New S.No.439/3B2 to an extent of 0.9.71 Hec. (24 cents) situated at Thiyaranadurkkam Village, Soolagiri Taluk, Krishnagiri District by the revenue authorities as per the Petitioner's complaint dated 11.02.2022.

2.The case of the petitioner is that he is the absolute owner of the property comprised in S.No.439/3B, New S.No.439/3B2 to an extent of 0.9.71 Hec. (24 cents) situated at Thiyaranadurkkam Village, Soolagiri Taluk, Krishnagiri District, by way of sale deed dated 03.05.2021 registered in Doc. No.1288 of 2021. Patta No.5404 was also issued to the Petitioner for Survey No.439/3B, New S.No.439/3B2.

The Petitioner has approached the office of Tahsildhar, DTO-Krishnagiri for measuring and surveying the property and has paid the necessary charges to the revenue authorities on 11.02.2021, for measuring Survey No.439/3B, New S.No.439/3B2. Since there was a threat by the respondents 3 to 5, the revenue officials were unable to survey the property and therefore, the Petitioner approached respondents 1 and 2 by way of complaint dated 11.02.2022 for providing police protection. Since police protection has not been provided, this Petition has been filed.

3.Heard the parties and perused the materials available on record.

4.Learned Additional Public Prosecutor would submit that if the date of survey is fixed and the same is intimated to the 2nd respondent, the 2nd respondent is prepared to provide necessary police protection to the authorities and the Petitioner. 5.Considering the facts and circumstances of the case, the petitioner shall approach the Revenue Authorities and fix a date for survey and the same shall be intimated to the Respondent Police in advance and the Respondent police shall give necessary police protection to the revenue authorities to conduct the survey. If any obstructions is raised during the aforesaid survey, appropriate action shall be taken by the Respondent police.

6.With the above observation and direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar

vkr To 1.The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri.

2.Inspector of Police, Uddanapalli Police Station, Uddanapalli, Soolagiri Taluk, Kirhsnagiri District.

3.The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.M.Mohammed Riyaz, Advocate SR.No.16029 Crl.O.P.No.4405 of 2022 BS(CO) CB(25/03/2022)