K.Kannan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2016

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.18225 of 2016 K. Kannan ... Petitioner Vs.

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Brammadesam Police Station, Brammadesam, Tindivanam Taluk, Villupuram District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C praying to direct the 2nd respondent herein to register a case on the basis of the complaint dated 11.12.2015 given to the 2nd respondent and to investigate the matter in accordance with the law.

For Petitioner : Mr.Chandrasekar for Ms.C.V.Charanya For Respondents: Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent to register a case on the complaint dated 11.12.2015 given by the petitioner and to investigate the matter in accordance with law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. On a reading of the complaint dated 11.12.2015, it is seen that the land in question belongs to the petitioner and when the petitioner wanted to survey his land with the help of surveyor, the opposite party is preventing the petitioner and the surveyor in surveying the land. They are also threatening https://hcservices.ecourts.gov.in/hcservices/

the petitioner and the surveyor that they will give a complaint against the petitioner under SC/ST (Prevention of Atrocities) Act.

4. The fact remains that the land in question belongs to the petitioner and survey has to be done by the concerned Revenue Authorities. They cannot be prevented from doing their official duty.

5. Under such circumstances, the second respondent Police is directed to enquire into the complaint dated 11.12.2015, and afford sufficient police protection to the petitioner and revenue authorities for surveying the land. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ds To:

1. The Superintendent of Police, Villupuram District, Villupuram.

2. The Inspector of Police, Brammadesam Police Station, Brammadesam, Tindivanam Taluk, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+ 2 ccs to MS.C.V. Charanya, Advocate SR.46875 Crl.O.P.No.18225 of 2016 KGK(CO) EU 09/09/2016 https://hcservices.ecourts.gov.in/hcservices/