Madras High CourtCRL OP/16837/2019disposed of

A.Krishnasamy v. The Inspector Of Police

2019-07-19Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16837 of 2019 A.Krishnasamy ... Petitioner vs.

1. The Inspector of Police, Karumalai Koodal Police Station, Mettur Taluk Salem District.

2. The Taluk Surveyor O/o.Tahsildar Mettu Taluk, Salem District.

3. The Sub-Taluk Surveyor Veerakalputhur Village, Mettur Taluk, Salem District.

4. T.Nallappan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 1st respondent police to provide adequate police protection to the 2nd and 3rd respondents for measuring the petitioner's patta landed property in S.No.100/3A3A1 in Patta No.2976, Veerakalputhur Village, Mettur Taluk, Salem District, pursuant to the C.S.R No.158 of 2019, issued by the 1st respondent. For Petitioner : Mr.A.Rajesh Kanna For 1st Respondent : Mr.M.Mohanded Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking for police protection.

2. It is seen from the records that there was a civil proceeding between the petitioner and the 4th respondent and the second appeal No.1451 of 2008 is pending before this Court.

3.The petitioner has made arrangements for measuring the property through the revenue officials in order to fix the boundaries. Similarly, the 4th respondent has also made arrangements for measuring the property and fixing the boundaries. Since there is an apprehension that there could be some law and order problem, the present petition has been filed seeking for police protection.

4. The 4th respondent has been served notice and his name has also been printed in the cause list and none appeared for the 4th respondent.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the 1st respondent to give police protection at the time of the survey conducted by the 2nd and 3rd respondents. It is made clear that at the time of survey, the 2nd and 3rd respondents shall also serve notice on the 4th respondent and survey shall be conducted in the presence of the petitioners and the 4th respondent. The respondent police shall ensure that the survey goes on smoothly without giving rise to any law and order problem.

6. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar Uma To

1. The Inspector of Police, Karumalai Koodal Police Station, Mettur Taluk Salem District.

2. The Taluk Surveyor O/o.Tahsildar Mettu Taluk, Salem District.

3. The Sub-Taluk Surveyor Veerakalputhur Village, Mettur Taluk, Salem District.

4. The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.A.Rajesh Kumar, Advocate, S.R.No. 61710 Crl.O.P No.16837 of 2019 RGN(CO) GN(25/07/2019)