S.Sathiyamoorthy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5126 of 2019 S.Sathiyamoorthy ..Petitioner Vs.

State represented by

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

2. The Inspector of Police, Nanagavalli Police Station, Mettur Taluk, Salem District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to provide sufficient police protection for the petitioner complaint dated 06.02.2019 while surveying his land in Survey No.189/1A.

For Petitioner : Mr.V.Rajamohan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to provide sufficient police protection for the petitioner complaint dated 06.02.2019 while surveying his land in Survey No.189/1A.

2. It is seen from the records that the petitioner is the owner of the land situated in Survey No.189/1A, Periyasooragai Village, Mettur Taluk, Salem District to an extent of 1 acre 21 cents. The petitioner purchased the said land from P.Arumugam, a power agent, vide Doc.No.1037 of 2010 dated 24.02.2010 on the file of the Sub Registrar, Tharamangalam. After purchase, the patta and other revenue records were transferred in the name of the petitioner. Whenever the petitioner visited his land some persons belonging to the same village creating disturbance for the peaceful possession and enjoyment of the petitioner's property and threatening the petitioner with dire consequences for measuring his land. Hence, the petitioner lodged a complaint to the respondent police. Since, no action has been https://hcservices.ecourts.gov.in/hcservices/

taken, the petitioner has filed the present petition with the aforesaid prayer seeking remedy.

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

4. In view of the above discussion, if any hindrance is made by the counter party, while surveying the petitioner's land, the revenue officials can approach the concerned police station. If the revenue officials approach the second respondent, the second respondent is directed to consider the same and pass orders on merits.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mpa/lpp To

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

2. The Inspector of Police, Nanagavalli Police Station, Mettur Taluk, Salem District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Mohideen Basha, Advocate, S.R.No.17420 Crl.O.P.No. 5126 of 2019 MG(CO) RRS(16/04/2019) https://hcservices.ecourts.gov.in/hcservices/