K.Sarangapani v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6396 of 2019 1.K.Sarangapani 2.S.Anitha .. Petitioners Vs.

1. The Deputy Superintendent of Police, Land Grabbing Cell, Villupuram District.

2.The Station House Officer, Kanjanoor Police Station, Chenji Taluk, Villupuram District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to provide police protection to the petitioners to fence their agricultural land to the whole extent about 13.45 acre in survey No.227 in Nandhivadi Village, Villupuram District.

For Petitioners : Mr.T.K.S.Bharathy Anandraj For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This petition has been filed seeking for police protection.

2. The petitioners own an agricultural land to an extent about 13.45 acre in Survey No.227 of Nandhivadi Village, Villupuram District. While so, the local politicians were threatening the petitioners and disturbing the possession and enjoyment of the land. Hence, the petitioners lodged a complaint and the same was registered in F.I.R.No.290 of 2018 against the accused persons for the offence under sections 143, 447, 427 and 434 of IPC. Enquiry has been conducted and the respondent police officials warned the accused persons not to interfere with the possession of the petitioners. Thereafter, the accused persons filed a suit in O.S.No.171 of 2018 before the Principal District Munsif Court, Villupuram and the same was dismissed. Even thereafter, the accused persons are threatening https://hcservices.ecourts.gov.in/hcservices/

the petitioners with an intention to grab the property. Hence, the present petition with the aforesaid prayer.

3. The learned Additional Public Prosecutor would submit that the respondent police cannot give police protection in a case of this nature, since, it is a land dispute and purely civil in nature.

4. Heard Mr.T.K.S.Bharathy Anandraj learned Counsel for the petitioners and Mr.M.Mohammed Riyaz, learned Additional Public Prosecutor for the respondents police.

5.Considering the facts and circumstances of the case, without going into the merits, the 1st respondent is directed to conduct an enquiry and pass orders on merits in accordance with law within a period of two weeks from the date of receipt of copy of this order.

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

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar rm/rri To

1. The Deputy Superintendent of Police, Land Grabbing Cell, Villupuram District.

2.The Station House Officer, Kanjanoor Police Station, Chenji Taluk, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.T.K.S.Bharathy Anandraj, Advocate sr 22437. Crl.O.P.No. 6396 of 2019 SP(26/03/2019) https://hcservices.ecourts.gov.in/hcservices/