Saira Banu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.23367 of 2021 Saira Banu ... Petitioner

Versus

1.The State of Tamil Nadu, Rep. by the Commissioner of Police, Vepery, Chennai -7.

2.The Inspector of Police, Sembiam Police Station, Perambur, Chennai - 11.

3.The Revenue Divisional Officer (RDO), Chennai - 1.

4.The Tahsildar, Perambur,Chennai - 11.

5.The Correspondent, Don Bosco Hr Sec School, Perambur, Madhavaram High Road, Chennai - 11 ... Respondents PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police to provide police protection to the petitioner's vacant landed property measuring an extent of 1.19 acres or its thereabouts having patta no.386, comprised in old survey no.44, new survey no.44, situate at No.67, Madavaram High Road, Chennai - 11, having bounded in the: North by: Pallavan Salai, South by : House site no.34 of Naseer Hussain Doni, East by: Don Bosco Hr Sec School play ground, West by : Ponnusamy Nagar.

For Petitioner :

Mr.S.Arunkumar.

For Respondent :

Mr.E.Raj Thilak, No.1 to 4 Addl. Public Prosecutor

ORDER

The criminal original petition has been filed to direct the 2nd respondent police to provide police protection to the petitioner's vacant landed property measuring an extent of 1.19 acres or its thereabouts having patta no.386, comprised in old survey no.44, new survey no.44, situate at No.67, Madavaram High Road, Chennai - 11, having bounded in the: North by: Pallavan Salai, South by : House site no.34 of Naseer Hussain Doni, East by: Don Bosco Hr Sec School play ground, West by : Ponnusamy Nagar.

2.The grievance of the petitioner is that the petitioner's forefathers were owning the property of 1.19 Acres situated in Perambur, Sembiam Village. The petitioner, who is also owning the patta in favour of the petitioner's forefathers Mohideen Abdul Kadar Maraikkayar, received the property through family partition in Doc.No.1797 of 1939. From then on, the petitioner and the other legal heirs have been enjoying the property. When the petitioner approached the Revenue Authorities, the Revenue Authorities informed that they were under impression that the petitioner left the country during the partition and the lands have been transferred in the name of the Government though it was only orally stated that the petitioner has got the necessary documents to prove that they are the owners of the property. The respondents police, despite the complaint dated 01.01.2021, are not taking any action nor given police protection for the petitioner to enjoy the property.

3.The learned Additional Public Prosecutor submits that the complaint dated 01.01.2021 has not been reached the respondent police and if the petitioner would appear before the respondent police along with the copy of the complaint and necessary documents, enquiry would be conducted and thereafter, appropriate action would be taken.

4.Recording the same, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar mpl/sms

To 1.The Commissioner of Police, Vepery, Chennai -7.

2.The Inspector of Police, Sembiam Police Station, Perambur, Chennai - 11.

3.The Revenue Divisional Officer (RDO), Chennai - 1.

4.The Tahsildar, Perambur, Chennai - 11.

5. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.23367 of 2021 PMK(CO) GMY(17/02/2022)