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Madras High CourtCRL OP/13739/2018disposed of

M.Sengottuvel, Aged 50 Years v. The Superintendent Of Police

2018-05-17Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.05.2018

CORAM

THE HONOURABLE Mr.JUSTICE P. RAJAMANICKAM Crl.O.P.No. 13739 of 2018 M.Sengottuvel .. Petitioner Vs.

1. The Superintendent of Police Namakal District.

2. The Deputy Superintendent of Police Vellur Sub Division Namakkal Ditrict

3. The Inspector of Police Nallur Police Station Namakkal District .. Respondents Prayer:Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to direct the respondents to provide adequate Police Protection to the Petitioner and his employees to operate the quarry over an extent of 2.28.5 hectares in S.F.No.503/1 of Sithampoondi Village, Paramathi Velur Taluk, Namakkal District, based on the petitioner's representation dated 04.05.2018 and the CSR No.102/2018 dated 09.05.2018.

For Petitioner : Mr.AR.L.Sunderesan(SC) for M/s.A.Suresh Sakthi Murugan For Respondents: Ms.P.Kritika Kamal Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the respondents to provide adequate Police Protection to the Petitioner and his employees to operate the quarry over an extent of 2.28.5 hectares in S.F.No.503/1 of Sithampoondi Village, Paramathi Velur Taluk, Namakkal District, based on the petitioner's representation dated 04.05.2018 and the CSR No.102/2018 dated 09.05.2018.

2. Mr.AR.L.Sundaresan, learned senior counsel appearing for the petitioner has submitted that the petitioner has obtained licence from the concerned authorities for operating quarry in the aforesaid survey numbers. He further submitted that on 04.05.2018 at about 10.30.a.m., about 50 persons came to the quarry and threatened the employees that they should not work there. Further they threatened that they will set fire to the machineries. Against which, the petitioner has lodged a complaint on 04.05.2018 before the first respondent. He further submitted that the third respondent after receipt of the complaint, has issued CSR No.102/2018, but so far he has not taken any further steps and emboldened by the same, the aforesaid persons again threatened the petitioner and his employees. Hence, the petitioner is not able to operate the quarry and therefore, he requested to direct the respondents to provide police protection for operating the quarry.

3. Ms.Kritika Kamal.P., the learned Government Advocate (Criminal Side) has submitted that since the entire village people objecting for operating the quarry, the police is not able to take any action. She further submitted that the third respondent already referred the matter to the RDO for taking appropriate action.

4. Considering the aforesaid submissions, the third respondent is directed to conduct the enquiry on the representation submitted by the petitioner dated 04.05.2018. If the enquiry reveals any cognizable offence, then he has to register the case and proceed in accordance with law or otherwise, the third respondent has to give protection to the petitioner for operating the quarry in a peaceful manner.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(V.O) //True Copy// Sub Assistant Registrar

To

1. The Superintendent of Police Namakal District.

2. The Deputy Superintendent of Police Vellur Sub Division Namakkal Ditrict.

3. The Inspector of Police Nallur Police Station Namakkal District.

4. The Public Prosecutor, High Court, Chennai-104.

+2cc to Mr.A.Sureshsakthi Murugan, Advocate Sr.33902 Crl.O.P.No. 13739 of 2018 ca[co] srg 22/05/2018