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Madras High CourtCRL OP/22734/2017closed

K.Ponnammal, F/58 v. State Rep. By

2018-06-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.22734 of 2017 K.Ponnammal ..

Petitioner vs.

1.State rep. by The Inspector of Police G.5 Katcharpalyam Police Station Villupuram District.

2.M.Nadupaiyan 3.N.Balamurugan 4.N.Subramani 5.N.Murugesan ..

Respondents Criminal Original Petition filed under Section 482, Cr.P.C. to direct the 1st respondent to provide police protection to the petitioner's agriculture land for surveying and measuring by the surveyor and take action on the petitioner's complaint dated 11.10.2017.

For petitioner Mr.M.Subash For R1 Mrs.Kritika Kamal, P.

Government Advocate [Crl.Side] For R2 to R5 Mr.S.Ramajayam

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to provide police protection to the petitioner's agriculture land for surveying and measuring by the surveyor and take action on the petitioner's complaint dated 11.10.2017.

2. Today, Mr.Annamalai, H.C.398, Katcharpalyam Police Station, is present.

3. It is the case of the petitioner that her husband Kuthan was the owner of the agricultural land in Survey No.141/5 measuring a total extent 72 1/2 cents in 1.45 acres in Karadichithoor Village, Kallakurichi Taluk, Villupuram District and that, after his death, the patta was transferred in her name. While so, the title to the property was questioned by one Adhimulam, pursuant to which, civil litigations were initiated, https://hcservices.ecourts.gov.in/hcservices/

which ultimately ended in favour of the petitioner in S.A.No.717 of 1993 by judgment dated 10.02.2017. It is the further contention of the petitioner that the S.L.P. that was filed by the opposite party was also dismissed by the Supreme Court on 10.01.2018.

4. Under such circumstances, when the petitioner made an application to the revenue authorities to survey and measure the land, the respondents 2 to 5 obstructed them and therefore, the petitioner gave a representation dated 11.10.2017 to the police, based on which, a petition enquiry was registered in CSR No.364 of 2017. Hence, the petitioner is before this Court seeking police protection.

5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.Side) for the State and the learned counsel for the respondents 2 to 5.

6. The fact remains that the petitioner has succeeded the civil litigation and the Supreme Court has also dismissed the S.L.P. filed by the opposite party. Under such circumstances, this Court directs the respondent police to offer necessary police protection to the revenue officials as and when they come to the land in question for survey and measurement. With the above direction, this petition is ordered. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gms To 1.The Inspector of Police G.5 Katcharpalyam Police Station Villupuram District.

2.The Public Prosecutor High Court, Chennai.

+1cc to MR.T.Balachandran, Advocate Sr.No.41633 +1cc to M/s.S.Ramajayam, Advocate Sr.No.41991 KS(CO) sm:11.7.2018 Crl.O.P. No.22734 of 2017 https://hcservices.ecourts.gov.in/hcservices/