Hajamaidin v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.22170 of 2021 Hajamaidin ..Petitioner

Versus

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure directing the respondents to provide adequate police protection to survey the petitioner's land while Revenue Official to survey the land, bearing Survey Nos.82/1,measuring about 0.31 Ares, 2) Survey No.82/2, measuring about 0.54 Ares 3) Survey No.82/6A, measuring about 0.43 Ares. 4) Survey No.82/6.B, measuring about 0.2 Ares and Survey No.82/9 measuring about 0.49 Ares situated at Kandamathan Village, Thittagudi Taluk, Cuddalore District by considering the representation of the petitioner dated 05.11.2021 on the file of the Respondents herein. For Petitioner :

Mr.M.Velmurugan For Respondents: Mr.E.Raj Thilak Additional Public Prosecutor ***

O R D E R

This petition has been filed by the petitioner seeking for a direction to the respondents to provide adequate police protection to survey the petitioner's land while Revenue Official to survey the land, bearing Survey Nos.82/1,measuring about 0.31 Ares, 2) Survey No.82/2, measuring about 0.54 Ares

3) Survey No.82/6A, measuring about 0.43 Ares. 4) Survey No.82/6.B, measuring about 0.2 Ares and Survey No.82/9 measuring about 0.49 Ares situated at Kandamathan Village, Thittagudi Taluk, Cuddalore District by considering the representation of the petitioner dated 05.11.2021 on the file of the Respondents herein.

2. The case of the petitioner is that the petitioner owns the aforesaid lands and he is in peaceful possession and enjoyment of the said lands. The petitioner in order to safeguard the field from animals, which cause damage to the crops, wanted to survey the land and put up fence and for that purpose, he approached the revenue officials, who after verification of the documents, revenue records had directed the petitioner to remit the survey fees, pursuant to which the petitioner had remitted the survey fees of Rs.4,000/- on 04.08.2021.

Thereafter, when the revenue authorities attempted to survey the lands, they were obstructed by the adjacent land owners and hence filed this petition seeking for the aforesaid relief.

3. The learned counsel appearing for the petitioner submitted that the petitioner had also submitted a representation to the first respondent on 05.11.2021 and since no action was action, the petitioner has filed this Criminal Original Petition.

4. The Additional Public Prosecutor submitted that no complaint has been received from the Surveyor or Tahsildar regarding the obstruction by the adjacent owners at the time of surveying petitioner's lands. He further submitted that if there is any apprehension, at the request of the revenue authorities and survey department, necessary police protection will be provided.

5. Considering the submissions made by the learned counsel appearing on either side and on perusal of the records, it is seen that patta chitta and other revenue records stood in the name of the petitioner and the further copy of the challan with respect to payment of survey fee is also produced.

6. In view of the same, the petitioner's lands shall be surveyed by the surveyor along with the revenue officials and if there is obstruction it is the duty of the second respondent police to give protection to the revenue authorities.

7. With the above directions and observations, this Criminal Original petition is disposed.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar arr

To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22170 of 2021 PA(CO) A.SK(01.01.2022)