C.Leelakrishnan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K.KUMARESH BABU C.Leelakrishnan

...Petitioner

Vs.

1. State rep. by the Superintendent of Police State Bank Road, Gopalapuram Coimbatore - 641 018

2. The Inspector of Police Sulthanpettai Police Station Coimbatore District

3. E.Anand Kumar

...Respondents

Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to provide adequate police protection to the petitioner and his men, by considering the representation dated 12.04.2024.

For Petitioner ... Mr.T.Gowthaman, Senior Counsel for Mr.S.A.Syed Shuhaibb For Respondents ... Mr.L.Baskaran Government Advocate (crl.side) 1/6

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondents 1 and 2 to provide adequate police protection to the petitioner and his men, by considering the representation dated 12.04.2024 to repair the pipe lines which was laid as per the permission granted to him for drawing water.

2. The learned Government Advocate (Crl. Side) on instructions submitted that the permission given to the petitioner for laying pipe line for drawing water has not been renewed. He further submitted that there is a counter complaint given by one Anand Kumar/3rd respondent herein, making allegations against the petitioner, which is registered as Crime No.95 of 2024 dated 23.03.2024 against the petitioner.

3. A perusal of the said complaint indicates that the complainant therein namely Anand Kumar, in clear terms had stated that the petitioner had been drawing water despite the ban imposed by the Government and in order to prevent the same, he had taken a JCB vehicle to remove the 2/6

pipe lines laid by the petitioner. The Division Bench of this Court also by its order dated 18.03.2024 in W.A. No.85 of 2024 etc. had protected the interest of the farmers such as the petitioner for drawing water, but further had indicated that there should not be any illegal drawing of water. It is not the case that the petitioner was tapping water illeglly and it is the case of the respondent police that the permission granted to the petitioner for laying pipe lines for drawing water has not been renewed. It is for the petitioner to work out his remedy for renewing the pipe lines. What has been sought in this petition is that to provide police protection to repair the pipe lines that had been damaged by certain miscreants for which, I am of the view that necessary protection has to be given by the respondent police in view of the fact that there is an admitted case of third party who had tried to damage the pipe lines.

4. In such circumstances, the respondent police is directed to consider the petitioner's representation dated 12.04.2024 and give necessary police protection to the petitioner for one day as prayed for in the representation, for repairing the damaged pipe lines. 3/6

5. With the above directions, this Criminal Original Petition stands disposed of.

08.05.2024 Index: Yes/No Internet: Yes/No Speaking/Non speaking order ksa-2 4/6

To 1.The Superintendent of Police State Bank Road, Gopalapuram Coimbatore - 641 018

2. The Inspector of Police Sulthanpettai Police Station Coimbatore District 3.The Public Prosecutor, High Court of Madras.

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K.KUMARESH BABU, J.

ksa-2 Crl.OP.No.11131 of 2024 08.05.2024 6/6