Madras High CourtWP/6269/2019disposed of

Rosa Jacob v. The Sub Inspector Of Police,

2019-03-26Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 6269 of 2019 Rosa Jacob Represented by her Manager, Sibi Joseph Rose Farm, B.Thattana Pally, Balganapally Post, Hosur, Krishnagiri District - 635 103.

.. Petitioner Vs

1. The Sub-Inspector of Police, Bagaloor Police Station, Bagaloor, Hosur, Krishnagiri District.

2. B.Gopallappa

3. Manjunath

4. Rajesh

5. N.Gopal .. Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st respondent to give police protection to lay fence around the land in Survey No.61/2 measuring an extent of 3 acres and in Survey No.62/2B measuring an extent of 2.81 1⁄2 centes thus totally 5.81 1⁄2 cents at Idipalli Village, Hosur Taluk, Krishnagiri District.

For Petitioner : Ms.Thenmozhi Shivaperumal For R1 : Mr.M.Mohammed Riyaz Additional Public Prosecutor For R2 to R5 : Mr.R.Bharath Kumar

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to give police protection to lay fence around the land in Survey No.61/2 measuring an extent of 3 acres and in Survey No.62/2B measuring an extent of 2.81 1⁄2 cents thus totally 5.81 1⁄2 cents at Idipalli Village, Hosur Taluk, Krishnagiri District.

2. Heard Ms.Thenmozhi Shivaperumal, learned counsel appearing for the petitioner, Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondents 1 and Mr.R.Bharathkumar learned counsel appearing for the respondents 2 to 5.

3. It is seen that there is a dispute between the petitioner and the counter part. In this regard, the petitioner lodged a complaint before the 1st respondent police on 13.12.2019. The 1st respondent police assigned the case in CSR No.19 of 2019. Thereafter, the same was not considered, so far. Hence, the present petition is filed.

4. Considering the facts and circumstances of the case, the 1st respondent is directed to conduct an enquiry on petitioner's complaint dated 13.02.2019 with the counter part after giving opportunities and pass orders on merits in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No Costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ssr To

1. The Sub-Inspector of Police, Bagaloor Police Station, Bagaloor, Hosur, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras. +1cc to Mr.Thenmozhisivaperumal, Advocate SR.No.28995 W.P.No. 6269 of 2019 NMI(CO) GMY(04/04/2019)