B.M.Vadivelan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.12834 OF 2021 B.M.Vadivelan ... Petitioner

Versus

1. The Inspector of Police, C1, Bargur Police Station, Krishnagiri District.

2. K.T.Anandan

3. Bharathi

4. Manimegalai

5. M.Sumathi

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the first respondent police to provide the protection to the petitioner from the respondent Nos.2 to 5 to enter their agriculture land situated in S.No.675/3B, Bargur Village & Taluk, Krishnagiri District.

For Petitioner :

Mr.P.S.Mohankumar For R1 :

Mr.R.Vinothraja Government Advocate

O R D E R

This Criminal Original Petition has been filed to direct the first respondent police to provide the protection to the petitioner from the respondent Nos.2 to 5 to enter their agriculture land situated in S.No.675/3B, Bargur Village & Taluk, Krishnagiri District.

2.The contention of the petitioner is that the petitioner had lodged a complaint to the first respondent police on 09.07.2021, stating that the petitioner is unable to enter into his property and carry on the agricultural activities. He has been restrained by one K.T.Anandan S/o.A.V.M.Thimmaraya Chetty, https://hcservices.ecourts.gov.in/hcservices/

Bharathi W/o. Kamaraj, Manimegala W/o. B.K.Chennaiyan and Sumathi W/o. Mahendran, on the premise that the Late A.V.M.Thimmaraya Chetty had sold the property without the concurrence of the legal heirs. The legal heirs have filed a suit in A.S.No.728 of 1999 before this Court and this Court by Judgment dated 03.02.2020 had found that it was not a joint family property and the obstructors have no right. 3.He further submitted that the patta has been issued in the name of the petitioner and the copy of the patta is also produced. The petitioner has produced the copy of the civil Court order and also the revenue records to the first respondent. Despite the same, the first respondent have not taken any action. Hence the present petition is filed. 4.The learned Government Advocate submits that the first respondent after conducting enquiry and based on the High Court order and Revenue records will provide necessary protection to the petitioner, unless there is any other prohibitory order from the competent court.

5.Considering the submissions and on perusal of the materials, this Court directs the first respondent police to provide necessary protection to the petitioner based on this Court order dated 03.02.2020 in A.S.No.728 of 1999. 6.With the above observation, this Criminal Original Petition stands disposed of.

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

1. The Inspector of Police, C1, Bargur Police Station, Krishnagiri District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.S.Mohan Kumar, Advocate, S.R.No.1457 CRL.O.P.No.12834 of 2021 GPL(CO) RLP(27/01/2022) https://hcservices.ecourts.gov.in/hcservices/