Povunamma, Aged 58 Years, v. The State Rep . By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.25575 of 2016 1.Povunamma 2.Samanthi 3.Parvathi ..Petitioners Vs 1.The State rep by The Deputy Superintendent of Police Tirupattur Vellore District.

2.The State rep by The Inspector of Police Kandili Police Station Vellore District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents to give police protection to the Revenue Authorities to survey the land and sub divide the property and issue separate patta as per the order of the Civil Court in O.S.No.485 of 1997 and to implement the order of this Court in W.P.No.27701 of 2016, dated 09.08.2016. For Petitioners :

Mr.I.Paul Noble Deva Kumar For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to give police protection to the Revenue Authorities to survey the land and sub divide the property and issue separate patta as per the order of the Civil Court in O.S.No.485 of 1997 and to implement the order of this Court in W.P.No.27701 of 2016, dated 09.08.2016.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that earlier, the petitioners herein have filed W.P.No.27701 of 2016, in which, this Court has passed the following order on 09.08.2016:

"4. Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the 1st respondent to consider and dispose of the petitioners' representation dated 27.01.2016, on merits and in accordance with law, after putting on notice, the person/s concerned and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the person/s concerned.

5. The writ petition is disposed of accordingly. No costs."

4. In the said writ petition, the police was not a party and only the Tahsildar, Tirupattur and the Village Administrative Officer, Periya Kannalapatty Revenue Village were shown as respondents. Pursuant to the order passed by this Court, it appears that the revenue authorities came to the village for the purpose of measurement of the land and at that time, one Annamalai and his supporters have prevented them from measuring the land. This is seen from the proceedings dated 11.11.2016 of the Village Administrative Officer.

5. Under such circumstances, the petitioner is before this Court for a direction to the police to provide police protection.

6. Taking into consideration the facts and circumstances of the case, this Court directs the petitioner to go in person and give a fresh complaint to the second respondent police and on such complaint being given, the same shall be enquried into by calling both the parties. As and when the revenue authorities come for measuring the land, the police shall provide sufficient bandobust for the same.

With the above direction, this petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

gms To 1.The Deputy Superintendent of Police Tirupattur Vellore District.

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

3.The Public Prosecutor, High Court, Madras.

RV(CO) BB(29/12/2016) Crl.OP No.25575 of 2016