M.Venkatachalam v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Venkatachalam .....

Petitioner Vs

1. Superintendent of Police, Salem District, Salem.

2. The Inspector of Police, Thammampatti Police Station, Salem.

3. N.Iyappan .....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the 1st and 2nd respondents to provide police protection to the petitioner's lands in Survey No.340/5B, 340/5D, 357/2, 357/3, 357/4, 357/5 of Kondayampalli Village, Gengavalli Taluk, Salem District to enable the revenue authorities to carryout/conduct the survey of the petitioner's lands above, without any hindrance whatsoever from anybody including the 3rd respondent.

For Petitioner : Mr.K.A.Mariappan For R1 & R2 : Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to provide adequate police protection for the petitioner's land comprised in Survey No.340/5B, 340/5D, 357/2, 357/3, 357/4, 357/5 situated at Kondayampalli Village, Gengavalli Taluk, Salem District, for the purpose of surveying his land.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. According to the petitioner, he owned land comprised in Survey No.340/5B, 340/5D, 357/2, 357/3, 357/4, 357/5 situated at Kondayampalli Village, Gengavalli Taluk, Salem District. While being so, the third respondent interfered with the petitioner's peaceful possession and enjoyment of the same and as such the petitioner intended to survey his land without submitting any application before the Village Administrative Officer. Therefore, the Village Administrative Officer lodged a complaint as against the petitioner and the same was registered as Crime No.120 of 2024 on the file of the second respondent and it is pending for investigation.

4. In view of the above, the prayer sought for in this petition cannot be considered. Accordingly, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to approach the Revenue Authorities to survey his land in accordance with law. 05.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

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

2. The Inspector of Police, Thammampatti Police Station, Salem.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 4992 of 2024 05.02.2025