V.Suresh Kumar v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.23895 of 2021 V.Sureshkumar ... Petitioner

Versus

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

2.The Deputy Superintendent of Police, Uthangarai, Uthangarai Taluk, Krishnagiri District.

3.The Inspector of Police, Uthangarai Police Station, Uthangarai, Krishnagiri District.

4.S.Ganesan 5.G.Palanisamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 to 3 to provide necessary police protection to petitioner and petitioner workers to do agricultural activities in petitioner lands comprised in S.F.Nos.29/7A1, 29/7A2, 30/1A, 30/1B, 31/2 of Chennappanaickanoor Village and S.Nos.28/1D2, 28/1F1B (20.75) of Eluppakuttapatti Village, Uthangarai Taluk, Krishnagiri District.

For Petitioner :

Mr.P.Muthusamy For R1 to R3 :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to provide necessary Police protection to petitioner and his workers to do agricultural activities in his lands comprised in S.F.Nos.29/7A1, 29/7A2, 30/1A, 30/1B, 31/2 of Chennappanaickanoor Village and S.Nos.28/1D2, 28/1F1B (20.75) of Eluppakuttapatti Village, Uthangarai Taluk, Krishnagiri District.

2.The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the properties above mentioned. After the family partition, there was no mutation of the revenue records and no interference by any other persons in the property. While being so, the respondents 4 and 5 without any reason, are interfering with the peaceful and enjoyment of the petitioner's property. Further, in the property, the petitioner has grown coconut trees and sapota saplings, which are ready for harvest now. Due to the interference of the respondents 4 and 5, the petitioner is unable to harvest. The learned counsel further submitted that earlier, the petitioner and the respondents 4 and 5 appeared for enquiry before the 2nd respondent Police. The 2nd respondent informed the petitioner to obtain necessary orders from the Court for providing Police protection. Hence, the petitioner has approached this Court and filed this above petition.

3.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that the petitioner as well as the respondents 4 and 5 appeared for enquiry and they were instructed to get appropriate order from the Court. 4.It is seen that this Court, by order, dated 14.12.2021, directed the petitioner to produce Adangal extract of his property. The petitioner produced the same authorized by the Village Administrative Officer, Uthangarai, wherein it could be seen that the coconut trees and sapota saplings are ready to harvest.

5.Considering the submissions and on perusal of the materials, it is seen that the petitioner is the absolute owner of the property and the respondents 4 and 5 have got no legal right to interfere with the petitioner's property. 6.In view of the same, the 2nd respondent is directed to provide necessary Police protection to the petitioner and his property to carryout agriculture and horticulture activities, unless there is any other order obtained from the civil Court. 7.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar vv2

To

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

2. The Deputy Superintendent of Police, Uthangarai, Uthangarai Taluk, Krishnagiri District.

3. The Inspector of Police, Uthangarai Police Station, Uthangarai, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.23895 of 2021 SSI(CO) GMY(10/01/2022)