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Madras High CourtCRL OP/14828/2020disposed of

Renuka v. State Rep. By

2020-09-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14828 of 2020 1.Renuka W/o. Vijayakumar, Elanthalai, Kallam post, Agasthivaram, T.K. Kaniyakumari District 2.Saraswathi, W/o. Narayanan, No.14, Padukkapattu post, Padukkapattu, Sathankulam Taluk, Thuthukudi District.

Both duly represented by their General Power of Attorney, Vetrivel S/o Chokalingam, No.2, Kennadi Street, Thanthai Periyar Nagar, Taramani, Chennai-600 113.

...Petitioners

Vs.

1. State rep. by the Assistant Commissioner, Thiruvanmiyur, Chennai-600 041 2.The Inspector of Police, Law and Order J-13, Taramani Police Station, Chennai-600 113 ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents to grant adequate police protection to the petitioners life and for the proposed construction in the property bearing Plot Nos. 146 & 147, Thanthai Periyar Nagar Part-II, Taramani, Chennai-600 113 on the basis of the complaint dated 03.09.2020 given to respondents.

For Petitioner : Mr.L.Baskaran For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed for a direction directing the respondent to provide adequate police protection to the petitioner's life and for the proposed construction in the property bearing Plot Nos.146 & 147, Thanthai Periyar Nagar Part-II, Taramani, Chennai-600 113.

2.The learned counsel appearing for the petitioner would submit that the petitioner purchased the Plot Nos.146 & 147, Thanthai Periyar Nagar Part-II, Taramani, Chennai, by allotment made by the Tamil Nadu Slum Clearance Board vide their proceedings No. 32623/95/E-5 dated 19.08.1997. The Tamil Nadu Slum Clearance Board also granted No Objection Certificate for grant of electricity and water supply and Sewerage connections in the year 2013. He further submitted that the petitioner also filed the Writ Petition before this court to survey and identify the petitioner's plot Nos.146 & 147. This Court by an order dated 02.03.2020 in W.P.Nos. 1617 & 1620 of 2020 directed the authority concerned to survey and identify the petitioner's property. Accordingly , the surveyor was appointed and he surveyed the property and identified the plot Nos.

146 & 147 and demarcated the same. Thereafter, when the petitioner went for put up construction in the said plot, the counter parties are threatening the petitioner and also demanded the mamool. Thereafter, the petitioner lodged a complaint dated 03.09.2020 seeking police protection.

3.The learned Additional Public Prosecutor appearing for the respondent would submit that on receipt of the complaint, the second respondent is proceeding with the enquiry. But, the petitioner failed to produce report from the Slum Clearance Board as directed by this Court. Hence, the Writ Petition order has been complied with. However, the second respondent is ready to enquire into the complaint on production of related documents by the petitioner herein.

4.Considering the above submission, this court directs the petitioner to produce all the relevant documents before the second respondent and on receipt of the same, the second respondent shall issue notice to the counter parties and conduct enquiry and pass orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Assistant Commissioner, Thiruvanmiyur, Chennai-600 041 2.The Inspector of Police, Law and Order J-13, Taramani Police Station, Chennai-600 113 3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14828 of 2020 ca[co] srg 16/10/2020