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Madras High CourtCRL OP/13336/2021disposed of

S.Eswaran v. State Rep.By Its

2021-08-02Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13336 of 2021 Mr.S.Eswaran ... Petitioner

Versus

State rep.by its 1.The Superintendent of Police, O/o. Superintendent office, Tiruppur, Tiruppur District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police, Dharampuram, Tiruppur District.

3.The Inspector of Police, KUNDADAM Police Station, Kundadam, Tiruppur District.

4.Sampathkumar 5.Kamalam 6.Renuka Devi ... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to give police protection to petitioner to construct the wire fencing in his land in Survey No.833/1, 833/2, 833/3. For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.Damodaran, Government Advocate (Crl.side)

ORDER

The petitioner seeks police protection to put up wire fencing in his lands in Survey No.833/1, 833/2, 833/3, situated at Dharapuram Circle, Manorpalayam Village, which is objected by the legal heirs of one Nataraj viz., Sampathkumar, Kamalam on the ground they purchased the said lands from one Sarojini. There is some dispute with the adjacent land owners viz., Nataraj, Sampathkumar, Kamalam. Therefore, the petitioner sent a representation dated 19.07.2021, to the respondents/police 1 to 3, but no action taken on his representation, hence, the above petition.

2.The learned Government Advocate (crl.side) appearing for the respondents 1 to 3 submits that the representation had been sent through post and the same was received by them. If the petitioner appear before the third respondent/police and produce the sale deed and other relevant documents to show that he had purchased the property in rightful manner his portion of the property. Further, the petitioner has to clarify with regard to the counter claim made by the respondents 4 & 5. On production of documents, after verification, the third respondent/police would decide as to whether the police protection is necessary for the petitioner and he is entitled for it. Further, he submitted that if there is no civil dispute or no civil case pending, the police protection could be provided by the third respondent/police upon satisfaction of the claim made by the petitioner.

3.In view of the above, the petitioner is directed to appear before the third respondent/police along with all relevant documents, on 08.08.2021.

Thereafter, the third respondent/police is directed to take appropriate action, according to law.

4.With the above observation and direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar klt

To 1.The Superintendent of Police, O/o. Superintendent office, Tiruppur, Tiruppur District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police, Dharampuram, Tiruppur District.

3.The Inspector of Police, KUNDADAM Police Station, Kundadam, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate (SR No.37223) CRL.O.P.No.13336 of 2021 SRA (CO) PR (17/08/2021)