K.Palaniyammal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28509 of 2015 K.Palaniyammal ... Petitioner Vs

1. The Inspector of Police, Madhakovil Town Police Station, Villupuram District.

2. The Superintendent of Police, Villupuram District, Villupuram. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order directing the respondents to consider the petitioner's representation letter dated 21.11.2015 and further directing the respondents to give adequate police protection to the petitioner land for making cell phone tower from unknown rowdy elements and protect the law and order problem in accordance with law.

For Petitioner :

Mr.S.Ramajayam For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to pass an order directing the respondents to consider the petitioner's representation letter dated 21.11.2015 and further directing the respondents to give adequate police protection to the petitioner land for making cell phone tower from unknown rowdy elements and protect the law and order problem in accordance with law.

2. The petitioner is having a land at Villupuram district. The petitioner entered into lease agreement with One Indus Towers Limited Company for putting cell phone tower upon the petitioner's land. But the same was opposed by the local rowdy https://hcservices.ecourts.gov.in/hcservices/

elements and the local residents demanded Rs.2 lakhs as commission to allow the company to erect the tower and some of the persons also objected for erection of tower on the petitioner's land. Hence, the petitioner, left with no other option has come forward with this petition.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court is inclined to pass the following order:

The petitioner is directed to give a fresh representation to 2nd 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 2nd respondent is directed to pass appropriate order, after affording opportunity to all the necessary parties with regard to providing police protection to the petitioner for erecting cell phone tower on his land, in accordance with law, within a period of two weeks thereafter.

5. With the above terms, the criminal original petition is disposed of.

vsi s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Madhakovil Town Police Station, Villupuram District.

2. The Superintendent of Police, Villupuram District, Villupuram.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Ramajayam, Advocate sr.64211[30/11/2015] (co) prk27/11 Crl.O.P.No.28509 of 2015 https://hcservices.ecourts.gov.in/hcservices/