R.Sivakumar, M/A 70 Years, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.25941 of 2017 1.

R.Sivakumar 2.

M.Ramasamy ... Petitioners .. Vs ..

1.

The Superintendent of Police Krishnagiri District, Krishnagiri.

2.

The Inspector of Police Kaveripattinam Police Station Krishnagiri District.

3.

P.Elangovan 4.

M.Srinivasan ... Respondents R3 & R4 are impleaded on for the order of this Hon'ble Court dt.13.12.2017 made in Crl.MP.No.15715/2017 in Crl OP.No.25941/2017.

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to provide police aid/protection to the Surveyor, Krishnagiri Taluk for measurement and fixation of boundaries for the petitioners representation dated 24.10.2017.

For Petitioners:

Mr.T.N.Muralimogan For RR 1 & 2 :

Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to provide police aid/protection to the Surveyor, Krishnagiri Taluk for measurement and fixation of boundaries for the petitioners representation dated 24.10.2017. 2.

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2.

3.

There appears to be a civil dispute between the petitioners and the respondent Nos. 3 and 4 with regard to the https://hcservices.ecourts.gov.in/hcservices/

property in question. Challenging the Judgement and Decree in O.S.No. 223 of 2008, the learned counsel appearing for the respondents 3 and 4 submitted that an appeal has been filed regarding the title over the property, 4.

Be that as it may, this Court does not have the jurisdiction to decide either the title or possession of the property in question. However, it is seen that the Tahsildar, Krishnagiri, has addressed a communication dated 27.10.2017 to the Inspector of Police, Kaveripattinam Police Station, Krishnagiri District, for providing police protection to the Surveyor for measuring the land in Thimmapuram Village, S.No. 424/1A, 1B and 1C.

5.

When a public servant is seeking police protection, it is the duty of the police to provide protection. This Court is not granting any protection to the individual parties. The surveying of the land by the revenue Officials by itself cannot confer title to any party. It is open to the parties to settle the disputes before the Civil Court.

6.

In the result, this Court directs the respondent police to provide police protection to the revenue officials on their request for measuring the said land.

7.

With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.

The Superintendent of Police Krishnagiri District, Krishnagiri.

2.

The Inspector of Police Kaveripattinam Police Station Krishnagiri District.

3.

The Public Prosecutor,High Court, Madras.

+1cc to Mr.T.No.Muralimogan, Advocate SR.No.25299 SS(CO) sm:16.4.2018 Crl.O.P.No.25941 of 2017 https://hcservices.ecourts.gov.in/hcservices/