A.Palanisamy v. The District Superintendent Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.8477 of 2015 A.Palanisamy .. Petitioner vs 1.The District Superintendent of Police Namakkal District.
2.The Inspector of Police Mohanoor Police Station Namakkal District.
.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to give police protection to the petitioner while laying water pipe line in the land in survey numbers 196/19 and 193/6 at Vellavary Poramboke land, pursuant to the representation dated 16.02.2015 submitted by the petitioner. For Petitioner :Mr.M.Elango For Respondents :Mr.C.Emalias Additional Public Prosecutor
ORDER
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.
2. The petitioner has come up with the present petition seeking a direction to the second respondent to give police protection based on his representation dated 16.02.2015 for laying water pipe lines in survey numbers 196/19 and 193/6 at Vellavary Poramboke land.
3. According to the petitioner, he has obtained necessary licenses from the Panchayat and revenue authorities for drawing water from Cauvery riverbed to his land by pipes. The petitioner's prayer is for a direction to the police to give protection to him for laying the pipes in the poramboke land, that is adjacent to his land. https://hcservices.ecourts.gov.in/hcservices/
4. In the considered opinion of this Court, in exercise of the powers under Section 482 of the Criminal Procedure Code, such a direction cannot be given. Such permissions can be obtained only under the Revenue Rules and not under the Code of Criminal Procedure.
5. Therefore, this petition is not maintainable and the same is closed. However, liberty is granted to the petitioner to approach the appropriate authorities.
vj2 s/d- Assistant Registrar(R) True Copy Sub-Assistant Registrar To 1.
The District Superintendent of Police Namakkal District.
2.
The Inspector of Police Mohanoor Police Station Namakkal District.
3.
The Public Prosecutor, High Court, Madras.
+ 1 cc to M/s.M.Elango, Advocate SR 18842 rsk(co) prk13/4 Crl.OP No.8477 of 2015 https://hcservices.ecourts.gov.in/hcservices/