Samuel v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10140 of 2019 Samuvel .. Petitioner Vs.

The State rep by The Inspector of Police, Tiruverkadu Police Station, Tiruverkadu, Chennai.

.. Respondent Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to give protection to the petitioner to put up construction of the compound wall in respect of land comprised in Survey No.23 to an extent of 25 cents in Ayanambakkam Village, Saidapet Taluk purchased by the petitioner by the sale deed registered as Document No.2799 of 1990 on the file of the Sub Registrar, Ambattur on 19.04.1990. For Petitioner : Mr.M.Prabaharan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition has been filed seeking to direct the respondent police to give protection to the petitioner to put up construction of the compound wall in respect of land comprised in Survey No.23 an extent 25 cents in Ayanambakkam Village, Saidapet Taluk based on his representation dated 08.04.2019.

2. The learned counsel for the petitioner submitted that the petitioner has purchased 25 cent of land in Survey No. 23 of Ayanambakkam Village, Saidapet Taluk, from one Radhakrishnan in the year 1990. In the year 1993 some persons attempted to disturb his peaceful possession of the said land. Hence, he has filed a Civil Suit in O.S.No.912 of 1993 on the file of the Hon'ble District Munsiff, Poonthamalee and the said suit was decreed in favour of the petitioner on 07.02.2003. The https://hcservices.ecourts.gov.in/hcservices/

petitioner's possession was again disturbed by the rowdy elements at the serpentine instigations of the defendents of the O.S.No.912 of 1993. So the petitioner decided to construct the compound wall for his peaceful possession. The learned counsel further submitted that the petitioner was threatened by the local rowdy elements to construct the compound wall. Hence, the petitioner given a representation to the respondent seeking police protection, since orders have been passed, he has filed the present petition.

3. The learned Additional Public Prosecutor would submit that based on the representation of the petitioner, investigation is pending in C.S.R.No.286 of 2019 4.Heard Mr.M.Prabaharan, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondent Police.

5.Considering the facts and circumstances of the case, the respondent police is directed to conduct enquiry on the representation given by the petitioner on 08.04.2019 after giving opportunity to the petitioner herein and the counter parties and pass orders on merits and in accordance with law within a period of two week from the date of receipt of the copy of this order.

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

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rri To 1.The Inspector of Police, Tiruverkadu Police Station, Tiruverkadu, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Prabaharan, Advocate SR.No.36749 Crl.O.P.No.10140 of 2019 PA(CO) GMY(24/05/2019) https://hcservices.ecourts.gov.in/hcservices/