K. Thavamani, 48 Yrs, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2021

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CRL.O.P.No.8675 of 2017 K.Thavamani S/o.P.Kannuchamy

...Petitioner

Vs.

State by

1. The Superintendent of Police The Nilgiris District at Ooty.

2. The Deputy Superintendent of Police Coonoor, The Nilgiris District

3. The Inspector of Police Kothagiri Police Station Kothagiri, The Nilgiris District

4. The Tahsildar Kothagiri Taluk, Kothagiri The Nilgiris District

5. Lizzie Raj W/o.Late J.B.Raj ... Respondents (Impleaded the 4th and 5th respondents as per the order of this Court dated 20.06.2017 in Crl.M.P.No.7476 of 2017 in Crl.O.P.No.8675 of 2017) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., seeking for direction directing the respondents to give adequate police protection for the petitioner and his house site along with old house to the extent of 20 cents situated at Old S.No.1014/6, New S.No.965/4 and 977/10, Kothagiri Village, The Nilgiris District on the basis of the complaint lodged by the petitioner on 04.04.2017.

For Petitioner : Mr.C.Prakasam For Respondents 1-4 : Mr.E.Rajthilak Counsel for Government (Crl. Side) For Respondent 5 : Mr.Deepan Uday

O R D E R

(This case has been heard through video conference) This Criminal Original Petition has been filed by the petitioner seeking for direction to the respondents to give adequate police protection for the petitioner and his house site along with old house to the extent of 20 cents situated at Old S.No.1014/6, New S.No.965/4 and 977/10, Kothagiri Village, The Nilgiris District on the basis of the representation made by the petitioner on 04.04.2017.

2.The case of the petitioner is that the petitioner had purchased the house site along with old house to the extent of 20 cents situated at Old S.No.1014/6, New S.No.965/4 and 977/10, Kothagiri Village, The Nilgiris District under valid registered Sale Deed vide Document No.2601/2015. Thereafter, the petitioner took possession of the same and was residing in the old house which was already constructed by the petitioner's vendor. At that time, one Lizzie Raj used to trespass into his house site frequently with help of her hooligans and thereby, the petitioner made an attempt to measure the house site but the said Lizzie Raj prevented the petitioner from measuring the house site.

Further, when the Revenue Officials had come to the site for measuring, the said Lizzie Raj had threatened them and thereby, the Revenue Officials could not measure the house site and make sub division. Therefore, the petitioner made a written representation before the respondents on 04.04.2017 to provide adequate police protection for two days for measuring and making sub division in the above said house site and the petitioner had also undertaken to bear with cost for police protection. However, no police protection was given to the petitioner. Hence, the present petition has been filed before this Court.

3. It seen that it is purely a civil matter. Buyers before purchasing properties need to be aware of the details regarding the properties. Further, it is for the revenue officials to measure the property and if there is any prevention

by the said person, even today the petitioner is at liberty to proceed further and it is open to the petitioner to seek for police protection.

4. With the above observations, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ksa-2 To

1. The Superintendent of Police The Nilgiris District at Ooty.

2. The Deputy Superintendent of Police Coonoor, The Nilgiris District

3. The Inspector of Police Kothagiri Police Station Kothagiri, The Nilgiris District

4. The Tahsildar Kothagiri Taluk, Kothagiri The Nilgiris District

5. The Public Prosecutor, High Court of Madras, Chennai.

CRL.O.P.No.8675 of 2017 RP(CO) RLP(06/08/2021)