G.Swaminathan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.16578 of 2020 G.Swaminathan

...Petitioner

Vs.

1.The State Rep.by Inspector of Police, Singarapettai Police Station, Krishnagiri District.

2.Krishnan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to provide police protection to the petitioner and to survey his land comprised in Survey Nos.127/2A and 127/4A to an extent of 1.02 acres situated at Kompampattu Village, Uthangarai Taluk, Krishnagiri District with the help of Taluk Surveyor. For Petitioner :

Mr.S.Sathish Rajan For Respondents :

Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 :

Mr.K.Thiruvengadam for R2

O R D E R

This petition has been filed seeking a direction to the first respondent to provide necessary police protection to the life and property of the petitioner, while surveying his land comprised in S.Nos.127/2A and 127/4A measuring an extent of 2.04 acres situated at Kompampattu Village, Uthangarai Taluk, Dharmapuri District.

2. The petitioner owned property comprised in Survey No.127/2A measuring an extent of 1.01 acres and another property measuring an extent of 1.03 acres comprised in Survey No.127/4A, totally measuring an extent of 2.04 acres situated at Kompampattu village, Uthangarai Taluk, Krishnagiri District. While being so, the second respondent herein working as a Sub-

Inspector of Police with an intention to grab the property of the petitioner has interfered with the peaceful possession and enjoyment of the said property. The petitioner also lodged a complaint on 05.09.2021 and on receipt of the same, the petitioner was issued CSR.No.459 of 2020. However, the first respondent failed to take any action as against the second respondent. Therefore, the petitioner made an application with requisite fees to the Tahsildar, Uthangarai to survey his property, on receipt of the same, whenever the Surveyor tried to survey the land the second respondent objected to it and caused hindrance.

3. Considering the facts and circumstances of the case if any Surveyor is engaged to survey the petitioner's property by the Tahsildar, Uthangarai and if the Surveyor finds any hindrance while surveying the petitioner's land, the Surveyor can very well make a requests before the first respondent to provide adequate police protection while surveying the petitioner's land. If any such request is made by the Surveyor for surveying the petitioner's land, the first respondent is directed to conduct an enquiry and pass orders providing adequate police protection while the Surveyor is surveying the petitioner's land.

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

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar Vv To 1.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sathish Rajan, Advocate Sr.No.36232 Crl.O.P.No.16578 of 2020 NK(CO) RVM(12/07/2022)