Madras High CourtCRL OP/21401/2019disposed of

J.Nepoliyan v. The Superintendent Of Police

2019-08-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21401 of 2019 J.Nepoliyan ... Petitioner Vs.

1.The Superintendent of Police Vellore, Vellore District.

2.The Inspector of Police Viruthumpet Police Station Vellore District.

3.J.sekar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the 2nd respondent to provide police protection to the old Panchayat Union Middle School, Pillayar Koil Street, Back side of Kumaran Hospital Mottur, Virthumpet, Vellore District from the encroachers.

For Petitioner : Mr.M.Sathish Kumar For Respondents 1 & 2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to direct the 2nd respondent to provide police protection to the old Panchayat Union Middle School, Pillayar Koil Street, Back side of Kumaran Hospital Mottur, Virthumpet, Vellore District from the encroachers.

2. The main grievance of the petitioner is that the property belongs to the Government in which the Panchayat Middle School was functioning. Subsequently, the building became dilapidated and the school stopped functioning. Taking advantage of this situation, the 3rd respondent, who has no right over the property is attempting to encroach upon the same and put up a construction.

3. The learned counsel for the petitioner submitted that the petitioner has already given a representation to the concerned authorities to stop the encroachment. The petitioner claims himself to be a alumni of the Middle School. https://hcservices.ecourts.gov.in/hcservices/

4. In a case of this nature, the police cannot play any role and the concerned revenue authorities will have to take action against the alleged encroacher. Therefore, the petitioner must seek remedy elsewhere and not by filing a petition for police protection.

5. This Criminal Original Petition is disposed of by giving liberty to the petitioner to work out his remedy for the removal of the encroachment in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police Vellore, Vellore District.

2.The Inspector of Police Viruthumpet Police Station Vellore District.

3. The Public Prosecutor High Court of Madras.

AKM/12.09.19/2P-4C / Crl.O.P No.21401 of 2019 https://hcservices.ecourts.gov.in/hcservices/