N.S.Matheswaran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.13649 of 2021 N.S.Matheswaran

...Petitioner

Versus

1.The Superintendent of Police Krishnagiri District Krishnagiri 635 115.

2.The Inspector of Police Soolagiri Police Station Soolagiri 635 117 Krishnagiri District.

3.Lakkamma 4.Venkadappa 5.Kallappa 6.Padjappa 7.Krishnappa 8.Gopal 9.Venkadamma 10.Kuttiyamma @ Lakshmamma 11.Kalavathy

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent herein to provide Police Protection to the petitioner for surveying and measuring his lands in S.F.Nos.235/2A1 and 251/1 respectively situate at Kamandoddi Village, Soolagiri Taluk, Krishnagiri District by the Revenue Authorities as per the petitioner's complaint dated 12.07.2021.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.A.Damodharan for R1 & R2 Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent herein to provide Police Protection to the petitioner for surveying and measuring his lands in

S.F.Nos.235/2A1 and 251/1 respectively situated at Kamandoddi Village, Soolagiri Taluk, Krishnagiri District by the Revenue Authorities as per the petitioner's complaint dated 12.07.2021.

2. The petitioner has filed this petition seeking an order of protection to survey and earmark his land in S.No.253/2A1 and S.No.251/1 respectively situated at Kamandoddi Village, Soolagiri Taluk, Krishnagiri District.

3. The contention of the petitioner is that the petitioner had purchased a property in the year 2018 from one Muniyamma Group and Sivapuriyappa Group and they had some civil dispute. A Civil Suit was filed before the District Munsif, Hosur, in O.S.No.426 of 2005, which was dismissed against the said Sivapuriyappa Group and they have not filed any appeal. The petitioner had purchased the property through Doc.Nos.4584/2018 and 1378/2018. The petitioner has been in enjoyment of the said property. In order to survey and earmark the said property, he approached the Thasildar, Soolagiri Village, who on verification of documents, had given a challan directing the petitioner to pay necessary fees for survey the property by a Surveyor. Though necessary fee has been paid, the Revenue Officials as well as the Survey Authorities are unable to conduct survey due to threat by the said Sivapuriyappan Group.

4. The learned Government Advocate (Crl.Side) has submitted that in this case, the petition received on 12.07.2021 and enquiry is pending.

5. Considering the submissions and also typed set of papers it is seen that the petitioner had already approached the Thasildar Soolagiri, who had directed the petitioner to remit fees for survey the property. The costs have been paid by the petitioner and a copy of the Challan is also produced.

6. In view of the same, the Inspector of Police, Soolagiri Police Station is directed to provide necessary protection to the Revenue Authorities and Survey Authorities to conduct survey.

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

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To

1. The District Munsif Court, Hosur.

2. The Superintendent of Police Krishnagiri District Krishnagiri 635 115.

3. The Inspector of Police Soolagiri Police Station Soolagiri 635 117 Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.K.Govi Ganesan, Advocate sr 39249 CRL.O.P.No.13649 of 2021 BR(CO) SP(02/09/2021)