Madras High CourtCRL OP/5691/2015disposed of

N.Senathipathi, v. The State Rep. By

2016-01-06Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.5691 of 2015 N.Senathipathi ... Petitioner Vs The State represented by The Inspector of Police, Ranipet Police Station, Vellore District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction to the respondent to give police protection to the petitioner to complete installation and commissioning of the telecommunication tower at Old Survey No.301 part, New town Survey No.7/1, Municipal Door No.5, Ward D, Block-9, Old Rottikara Street, Ranipet Village, Walaja Taluk, Vellore District as per the petitioner's complaint dated 29.12.2014.

For Petitioner : Mr.P.Venkatraman For Respondent : Mr.C.Emalias, Additional Public Prosecutor.

O R D E R

This petition has been filed to issue a direction to the respondent to give police protection to the petitioner to complete installation and commissioning of the telecommunication tower at Old Survey No.301 part, New Town Survey No.7/1, Municipal Door No.5, Ward D, Block-9, Old Rottikara Street, Ranipet Village, Walaja Taluk, Vellore District as per the petitioner's complaint dated 29.12.2014.

2. It appears that the petitioner is installing telecommunication tower in the leased out land which is being objected by some neighbours. The petitioner has already given a representation to the respondent police on 29.12.2014 seeking police protection but the said representation has not been considered so far. Hence, the present petition has been filed by the petitioner seeking a direction to give police protection.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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4. Considering the submissions made on either side, this Court is constrained to pass the following order. i) The petitioner is directed to give a fresh representation to the respondent police seeking police protection for installation of telecommunication tower at Old Survey No.301 part, New Town Survey No.7/1, Municipal Door No.5, Ward D, Block-9, Old Rottikara Street, Ranipet Village, Walaja Taluk, Vellore District, along with a copy of this order within a period of one week from the date of receipt of a copy of this order.

ii) The respondent police, on receipt of the representation from the petitioner, is directed to consider the same after affording personal hearing to the petitioner as well as the necessary parties concerned and pass appropriate order with regard to providing police protection for the purpose of installation of telecommunication tower in the above said land. iii) The petitioner is directed to co-operate with the respondent police for enquiry.

5. Accordingly, the criminal original petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Ranipet Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Venkatraman, Advocate, S.R.No.727 Crl.O.P.No.5691 of 2015 pa(CO) srg(20/01/2016) https://hcservices.ecourts.gov.in/hcservices/