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Madras High CourtCRL OP/8800/2022disposed of

Chinnakannu @ Perumal v. The State Rep By

2022-04-20Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.8800 OF 2022 Chinnakannu @ Perumal ... Petitioner Vs.

1. The State rep. by The Inspector of Police Kariyamangalam Police Station Dharmapuri District.

2. Velu

3. Srinivasan

4. Vignesh

5. Suresh ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to provide police protection to the petitioner for measuring the property with the Taluk surveyor and mark the boundaries and for fencing his property in S.No.724, measuring an extent of acre 0.54 cents and S.No.13/1B5, measuring an extent of Acre 0.16 cents, S.No.13/1B3, measuring an extent of Acre 0.10 cents, S.No.13/1B8, measuring an extent of 3 1⁄4 cents, S.No.13/1B9, measuring an extent of 9 1⁄4 cents, S.No.13/2B7, measuring an extent of Acre 0.11 cents, S.No.13/1B5, measuring an extent of Acre 0.16 cents, S.No.13/2B4, measuring an extent of Acre 0.06 cents including well, Periyanahalli Village, Kariyamangalam Taluk and Dharmapuri District in view of the Petitioner's complaint dated 15.09.2021.

For Petitioners :

Mr.V.Sakkarapani For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent to provide police protection to the petitioner for measuring the property with the Taluk surveyor and mark the boundaries and for fencing his property in S.No.724, measuring an extent of acre 0.54 cents and S.No.13/1B5, measuring an extent of Acre 0.16 cents, S.No.13/1B3, measuring an extent of Acre 0.10 cents, S.No.13/1B8, measuring an extent of 3 1⁄4 cents, S.No.13/1B9, measuring an extent of 9 1⁄4 cents, S.No.13/2B7, measuring an extent of Acre 0.11 cents, S.No.13/1B5, measuring an extent of Acre 0.16 cents, S.No.13/2B4, measuring an extent of Acre 0.06 cents including well, Periyanahalli Village, Kariyamangalam Taluk and Dharmapuri District in view of the Petitioner's complaint dated 15.09.2021.

2. The case of the petitioner is that the petitioner is the owner of the property in S.No.724, measuring an extent of acre 0.54 cents and S.No.13/1B5, measuring an extent of Acre 0.16 cents, S.No.13/1B3, measuring an extent of Acre 0.10 cents, S.No.13/1B8, measuring an extent of 3 1⁄4 cents, S.No.13/1B9, measuring an extent of 9 1⁄4 cents, S.No.13/2B7, measuring an extent of Acre 0.11 cents, S.No.13/1B5, measuring an extent of Acre 0.16 cents, S.No.13/2B4, measuring an extent of Acre 0.06 cents including well, Periyanahalli Village, Kariyamangalam Taluk and Dharmapuri District and the petitioner acquired the same by way of Partition Deed dated 13.02.2021 and the petitioner is in absolute possession and enjoyment of the properties. The petitioner is also doing agriculture in his property.

The petitioner, due to his old age, wants to settle the properties to his son, therefore, the petitioner had made a representation to the Taluk Surveyor to measure the properties and mark the boundaries whereas, the adjacent land owners preventing the surveyor from measuring the properties. Thereby, the present petition has been filed seeking for a police protection.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that if the petitioner fixes the date with the revenue officials, Surveyor, Tahsildar for surveying the property, after giving notice to the adjacent land owners, the respondent will provide appropriate police protection to the petitioner.

4. Recording the submission made by the learned Additional Public Prosecutor, direction is issued to the Petitioner to approach the Taluk Surveyor to fix the date for surveying the land after giving notice to the adjacent land owners and on such

date, the respondent shall provide adequate police protection to the petitioner.

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

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Inspector of Police Kariyamangalam Police Station Dharmapuri District.

2.

The Public Prosecutor, High Court, Madras.

+1cc to M/s.V.Sakkarapani, Advocate, S.R.No.27023 Crl.O.P.No.8800 of 2022 RK(CO) RLP(09/05/2022)