Saravana Global Holdings Ltd v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:10.11.2023 Coram THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN M/s Saravana Global Holdings Ltd.
Represented by its Director, No.15, New Giri Road, T.Nagar, Chennai 600 017.
.. Petitioner /versus/ 1.The Deputy Commissioner of Police, T.Nagar Range, T.Nagar, Chennai.
2.The Assistant Commissioner of Police, T.Nagar, Range, T.Nagar, Chennai.
3.The Inspector of Police, R1 Mambalam Police Station, T.Nagar, Chennai.
4.Muthureddy Thottam Residence Welfare Association Represented by its Secretary, Old No.3, New No.5, Ramachandra Street, Muthureddy Thottam, T.Nagar, Chennai.
.. Respondents
Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the respondents 1 to 3 to accord police protection while the land is being measured by the surveyor in Town Survey No.7618/1/block No.119, MuthureddyThottam, New Door No.5, Old Door No.3, Ramachandra Street, T.Nagar, Chennai 600017, Gundy Mambalam Taluk, on the date fixed by the Surveyor, by considering the representation of the petitioner dated 08.04.2023.
For Petitioner :Mr.S.Sai Sankar For Respondents :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side) for R1 to R3 -------
ORDER
The petitioner alleging that his property is induced by the trespasser is seeking police protection to fence the land, while measuring the property. 2.The Court order cannot be used as a tool to evade the occupant without following due process of law. In case, if the petitioner wants to measure his land and demark the boundary, it is always open to him to make an appropriate application under the Tamil Nadu Survey and Boundaries Act
and in the course of survey, if any police protection is required, it is for the surveyor to seek assistance from the police.
3.
Accordingly, Criminal Original Petition is dismissed. 10.11.2023 Index:yes/no ari To 1.The Deputy Commissioner of Police, T.Nagar Range, T.Nagar, Chennai.
2.The Assistant Commissioner of Police, T.Nagar, Range, T.Nagar, Chennai.
3.The Inspector of Police, R1 Mambalam Police Station, T.Nagar, Chennai.
4.The Public Prosecutor, High Court, Madras.
Dr.G.JAYACHANDRAN,J.
ari 10.11.2023