C.Natrajan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 14031 of 2020 C.Natarajan, S/o. Chinnapaiyan, No.545,Mittahalli Village & Post, Krishnagiri Taluk, Krishnagiri District ... Petitioner Vs.

1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The State rep by the Inspector of Police, Kaverippattinam Police Station, Kaverippattinam, Krishnagiri District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents to provide necessary police protection to the petitioner's lease hold right and to continue the fishing at Mitta Halli Fishing Taluk, Krishnagiri District till the completion of lease period by considering the representation dated 03/09/2020.

For Petitioner : Mr.S.Kamadevan For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This petition has been filed for a direct the respondents to provide necessary police protection to the petitioner's lease hold right and to continue the fishing at Mitta Halli Fishing Taluk, Krishnagiri District till the completion of lease period.

2.The learned counsel appearing for the petitioner would submit that the petitioner has lease hold right for fishing at Mitta Halli Tank, Krishnagiri district, for a period up to 2022. The fishing rights were auctioned by the Assistant Director of Fisheries, Krishnagiri, in which the petitioner https://hcservices.ecourts.gov.in/hcservices/

was successful bidder and the entire lease amount was paid by the petition up to 2022 . The general public prevented the petitioner from harvesting the grown fishes from the said tank. Hence, the petitioner lodged the complaint before the respondent police and the same is pending for enquiry. 3.The learned Additional Public Prosecutor would submit that on receipt of the complaint of the petitioner dated 03.09.2020, and C.S.R.No.467 of 2020 was assigned and the same is pending for enquiry.

4.It is seen that the petitioner did not implead the counter party as party respondent. However the complaint lodged by the petitioner is pending on the file of the second respondent police in C.S.R.No.467 of 2020. Further it is also seen that the petitioner is having lease hold right of fishing in the said tank up to 2022.

5.Considering the above submissions, the second respondent is directed to conduct enquiry on the complaint lodged by the petitioner after issuing notice to the petitioner as well as the counter party and pass orders on merits in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Vsn To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Inspector of Police, Kaverippattinam Police Station, Kaverippattinam, Krishnagiri District

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14031 of 2020 GJ(CO) GN(07/10/2020) https://hcservices.ecourts.gov.in/hcservices/