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Madras High CourtCRL OP/17059/2018disposed of

N.Amul v. State Rep.By

2019-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17059 of 2018 N.Amul ... Petitioner Vs.

1. State rep. by The Inspector of Police, T-7, Avadi Tank Factory Police Station, Avadi, Chennai.

2. M.Raghupathy

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to provide police protection to the petitioner to put up compound wall on her lands in Survey Nos.232/14G2, 232/15Q2 and 232/15R2 as per Patta Nos.2678 & 2679 situated at Morai Village, Ambattur Taluk. For Petitioner : Mr.P.Krishnan For RR1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For RR2 : Mr.M.Thirumalai

ORDER

This petition has been filed to direct the 1st respondent to provide police protection to the petitioner to put up compound wall on her lands in Survey Nos.232/14G2, 232/15Q2 and 232/15R2 as per Patta Nos.2678 & 2679 situated at Morai Village, Ambattur Taluk.

2. The learned counsel for the petitioner would submit that the petitioner in order to survey the lands situated in Survey Nos.232/14G2, 232/15Q2 and 232/15R2 patta of which stands in the name of her family members applied before the Tahsildar, Ambattur, Taluk, Thiruvallur District to survey the lands. When https://hcservices.ecourts.gov.in/hcservices/

the officials came for surveying the land, her uncle prevented them to to do so as such the petitioner filed Crl.O.P.No.12550 of 2017 seeking police protection before this Court and this Court by an order dated 28.07.2017 gave a direction directing the respondents therein to consider and pass orders on the petitioner's representation dated 24.05.2016, pursuant to the same the Tahsildar concerned surveyed the said lands and marked the boundaries, by which it was found that petitioner's uncle trespassed into a portion of the said lands. Thereafter when the petitioner tried to lay fence on the said property, her uncle and his family members abused, criminally intimidated and threatened the petitioner and her family members with wooden logs and knife. Now the petitioner has lodged a complaint dated 09.05.2018 before the first respondent seeking police protection to fence her lands, but the respondent did not take any action on the same. Hence, she has filed this petition.

3. Considering the above facts and circumstances of the case, the first respondent is directed to conduct enquiry on the complaint dated 09.05.2018 of the petitioner seeking police protection after issuance of notice to the counter party and pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this Order.

4. With the above direction, this criminal original petition is disposed of.

pds/lok Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, T-7, Avadi Tank Factory Police Station, Avadi, Chennai.

2. The Additional Public Prosecutor, High Court of Madras.

+1cc to M/s.M.Thirumalai, Advocate, SR.NO..No.21907. Crl.O.P.No.17059 of 2018 kak(11/03/2019) https://hcservices.ecourts.gov.in/hcservices/