R.Balamurugan v. The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10965 of 2021 R.Balamurugan ... Petitioner .vs.

1.The Sub Inspector of Police, Muthandikuppam Police Station, Panruti Taluk, Cuddalore District.

2.M.Kolanji ... Respondents Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to give police protection for the government officials at the time of measuring the petitioner's father's property.

For Petitioner : Mr.J.Rajmohan For Respondents : Mr.E.Raj Thilak Government Advocate (Crl.side) for R 1

ORDER

The petitioner wants to measure his land at Keezhakollai Village, Panruti Taluk, Cuddalore District, comprised in Old S.No.543/11, New S.No.476/8 measuring an extent of Acre 0.32 1⁄2 cents, was originally belonged to his father viz., R.Ranganathan, in which the adjacent land owners were objecting for measuring the property. Hence, the petitioner is seeking police protection.

2.The learned counsel for the petitioner submits that the above said land belongs to Ranganathan, who purchased the land in the year 1993 from R.Ramalingam and 3 others. Subsequently, he obtained Patta No.160 in his name and he is in absolute possession and enjoyment of the said property. He further submits that M.Kolanji, who is the 2nd respondent herein https://hcservices.ecourts.gov.in/hcservices/

had fenced his property without measuring the same with the surveyor, when the petitioner was not in station. He submits that on 07.08.2020, the petitioner came to know about this and when the same was questioned, the 2nd respondent started creating problems. Immediately on 07.08.2020, the petitioner preferred a complaint before the 1st respondent police and the same was assigned CSR No.875/2020. Since no action was taken, this petition is filed.

3.The learned Government Advocate (Crl. side) submits that the petitioner and the 2nd respondent are the adjacent land owners. He further submits that there is some dispute with regard to the boundaries of the land and the petitioner had approached the Tahsildar along with the necessary documents to measure his land. He submits that on perusal of the materials, the Tahsildar had permitted the petitioner to remit the survey fee and if the surveyor is given proper protection, he will survey the land with revenue officials.

4.Considering the submissions, the 1st respondent is directed to provide police protection to the surveyor and to the revenue officials to survey the petitioner's land to mark boundaries.

5.This Criminal original petition is disposed of with the above directions.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kp To 1.The Sub Inspector of Police, Muthandikuppam Police Station, Panruti Taluk, Cuddalore District.

2.The Public Prosecutor, High Court, Chennai.

CRL.O.P.No.10965 of 2021 SKY(CO) SB(10/08/2021) https://hcservices.ecourts.gov.in/hcservices/