Suresh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6543 of 2019 Suresh .. Petitioner Vs

1. The Superintendent of Police, Dharmapuri District.

2. The Deputy Superintendent of Police, Pennagaram, Dharmapuri District.

3. The Inspector of Police, Eriyur Police Station, Dharmapuri District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue direction to the respondents 1 to 3 to provide police protection to the petitioner for entering and surveying the property in patta No.31.

For Petitioner : Mr.M.Ravi For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed to direct the respondents 1 to 3 to provide police protection to the petitioner for entering and surveying the property in patta No.31.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The learned counsel for the petitioner submitted that the petitioner and his mother went Dharmapuri, at the time, one person namely Palani trying to erect the road with JCP machine. The petitioner entered to the property, he threatened with dire consequences and said that road contract was given by the Block https://hcservices.ecourts.gov.in/hcservices/

Development Officer, Pennagaram. But the land not acquired by the BDO under the Land Acquisition Act. As such, its illegal. Therefore, the petitioner given a complaint to the second respondent on 28.02.2019 against one Palani. But, till date, no action was taken against him. Thereafter, the petitioner also given application for Sub Division Patta on 04.03.2019 and needs survey the property with the help of the third respondent.

4. It is seen that the petitioner submitted his representation only to seek police protection while surveying the land with the help of the approved surveyor. Therefore, the revenue authority has to ascertain whether any hindrance while survey the land, and if they found any hindrance to the petitioner from the neighbours to survey the land, they can very well seek police protection to survey the petitioner's land. Therefore, the petitioner is at liberty to approach the revenue authorities for surveying his land. Thereafter, the revenue officials may seek police protection from the respondent if required.

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

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar dh To

1. The Superintendent of Police, Dharmapuri District.

2. The Deputy Superintendent of Police, Pennagaram, Dharmapuri District.

3. The Inspector of Police, Eriyur Police Station, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras. +1cc to Mr.M.Ravi, Advocate SR.No.23055 Crl.O.P.No.6453 of 2019 CP(CO) GMY(10/04/2019) https://hcservices.ecourts.gov.in/hcservices/