R. Urumanan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.25786 of 2015 R.Urumanan .. Petitioner Vs.

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

2. The Inspector of Police, Velagoundenpatti Police Station, Velagoundenpatti, Paramathivelur Taluk, Namakkal District.

.. Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents-Police to give adequate police protection to the E.B. Officials for one day on the date of erecting the electricity pole in the petitioner's land situated in S.No.177/4, Kunnamalai Village, Paramathivelur Taluk, Namakkal District.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.C.Emalias, Addl. Public prosecutor.

ORDER

This Criminal Original Petition has been filed by the petitioner praying for a direction to the respondents-Police to give adequate police protection to the E.B. Officials for one day on the date of erecting electricity pole in the petitioner's land situated in S.No.177/4, Kunnamalai Village, Paramathivelur Taluk, Namakkal District.

2. In the affidavit filed in support of the petition, it has been stated by the petitioner that he is owning land at Survey No.177/4, Kunnamalai Village, Paramathivelur Taluk, Namakkal District and in the said land, the petitioner dug a well. The petitioner approached the Electricity Board for providing electricity connection and he has also paid a sum of Rs.1,36,000/- towards charges. When the

Officials of the Electricity Board made an attempt to erect electricity pole on the petitioner's land on 18.02.2014, one Mani and his wife Kulandayee came and threatened the EB Officials and sent them out from the petitioner's land. In this connection, EB Officials have also lodged a complaint before the Deputy Superintendent of Police, for taking action against those persons and to give police protection. In spite of the same, the 2nd respondent-Police is not inclined to give police protection. Hence, the petitioner has filed the present petition seeking a direction to the respondents-Police to give police protection.

3. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents and perused the materials available on record.

4. Considering the facts and circumstances of the case, this Court passes the following order:- The petitioner is directed to given a fresh representation to the 1st respondent, along with a copy of this order, seeking police protection, within a week from the date of receipt of a copy of this order. On receipt of such representation, the 1st respondent is directed to pass appropriate order, after affording opportunity to all the necessary parties, with regard to providing police protection for erecting electricity pole in the petitioner's land, in accordance with law, within a period of two weeks thereafter. With the above terms, the criminal original petition is disposed of.

ssv Sd/- Assistant Registrar (CCC) /True Copy/ Sub-Assistant Registrar To,

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

2. The Inspector of Police, Velagoundenpatti Police Station, Velagoundenpatti, Paramathivelur Taluk, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+1 C.C. To MR.C.Prakasam, Advocate in SR.NO.60674 Crl.O.P.No.25786 of 2015 KK(CO) sd : 23/11/2015