R.Vimaladevi, 41 Yrs, v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.O.P.No. 27262 of 2017 R.Vimaladevi .. Petitioner Vs 1.The Superintendent of Police, O/o. Superintendent of Police, Coimbatore Rural, State Bank Road, Coimbatore.

2.The Inspector of Police, Anamalai Police Station, Anamalai Circle, Pollachi Taluk.

3.The Sub-Inspector of Police, Kottur Police Station, Kottur, Pollachi Taluk.

4.S.Kannan 5.S.Gopalakrishnan 6.T.Karupusamie 7.T.Dhanapal .. Respondents (Respondents 4 to 7 are impleaded as per order dated 02.02.2018 made in Crl.M.P.No.1262 of 2018) Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to provide police protection to the petitioner and her property at Survey No.84/1B, 85/A2A,*83/A5 85/A2C,83/A5, 83/B2, 83/1AS. Veeralpatti Village, Pollachi Taluk, Coimbatore District measuring 7.14 Acres.

For Petitioner : Mr.I.Abrar Md. Abdullah For Respondents 1 to 3 : Mrs.P.Kritika Kamal, Government Advocate(Crl. Side)

For Respondents 4 to 7 : No appearance

O R D E R

This petition has been filed to direct the respondents 1 to 3 to provide police protection to the petitioner and her property at Survey No.84/1B, 85/A2A, 85/A2C,*83/A5 83/A5, 83/B2, 83/1AS. Veeralpatti Village, Pollachi Taluk, Coimbatore District measuring 7.14 Acres.

2. It is submitted by the learned counsel for the petitioner that after obtaining necessary permission and approvals from various authorities including Pollution Control Board and Public Health Department to construct farm in the property situated in Survey No.84/1B, 85/A2A, 85/A2C, *83/A5 83/B2, 83/1AS.

Veeralpatti Village, Pollachi Taluk, Coimbatore District measuring to an extent of 7.14 acres. At this juncture, the respondents 4 to 7 had created obstruction, preventing the petitioner from constructing the farm and hence, the petitioner made a representation on 20.11.2017 to the second respondent herein seeking for police protection. Since no action was taken, the petitioner has filed the present petition.

3. It is needless to point out that whenever a representation has been given seeking for police protection, the respondent police are duty bound to consider and pass appropriate orders on the same expeditiously, instead of keeping it pending indefinitely.

4. It is submitted by the learned counsel for the petitioner that since the respondents 4 to 7 have no authority to obstruct the construction work, it would be appropriate to direct the second respondent to consider the petitioner's representation dated 20.11.2017, after giving due opportunity to the parties, who are interested in the subject property.

*"5. Since the subject properties were falling under the jurisdiction of the third respondent herein, the third respondent shall conduct proper enquiry on the petitioner's representation dated 20.11.2017, after giving due opportunity to the petitioner as well as the respondents 4 to 7 here in and all other interested person in the subject property and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this Order.

6.Accordingly, the Criminal Original Petition stands Allowed."

Sd/- Assistant Registrar(CCC) Dated: 27/02/2018 *Issue Fresh Order as per Order of this court dated 08/03/2018 by MSNJ Sd/- Assistant Registrar(CS VII) Dated: 13/03/2018 //True Copy// Sub Assistant Registrar nl To 1.The Superintendent of Police, To be Substituted as per O/o. Superintendent of Police, Order of this court Coimbatore Rural, State Bank Road, already despatched on Coimbatore.

Dated 23/02/2018.

2.The Inspector of Police, Anamalai Police Station, Anamalai Circle, Pollachi Taluk.

3.The Sub-Inspector of Police, Kottur Police Station, Kottur, Pollachi Taluk.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.I.Abrar MD Abdullah, Advocate, S.R.No.*17802 Crl.O.P.No.27262 of 2017 KAN(CO) RRK(27/02/2018) GN(13/03/2018)