N. Kuppusamy v. The State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.24190 OF 2021 N.Kuppusamy S/o, Narasimma Mandhiri ... Petitioner

Versus

1. The State represented by The Inspector of Police, Katpadi Police Station, Katpadi, Vellore District.

2. G.Panneerselvam S/o, M.Gopalakrishnan ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to give police protection to the petitioner at the time of construction of a compound wall by him in his property comprised in survey No.330/6 Brammapuram village (inclusive of he property earlier comprised in wrongful division of survey No.330/51 Brammapuram village which was later on cancelled and restored in survey no.330/6 Brammapuram village) in pursuant to the the petitioner's application to the 1st respondent police vide letter dated 15.10.2021 within a stipulated time.

For Petitioner : Mr.T.P.Prabakaran For R : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to to direct the 1st respondent to give police protection to the petitioner at the time of construction of a

compound wall by him in his property comprised in survey No.330/6 Brammapuram village (inclusive of he property earlier comprised in wrongful division of survey No.330/51 Brammapuram village which was later on canceled and restored in survey no.330/6 Brammapuram village) in pursuant to the the petitioner's application to the 1st respondent police vide letter dated 15.10.2021 within a stipulated time.

2. Grievance of the petitioner is that the petitioner is 89 years old person and he owned some lands. There is a dispute regarding the sub-division of land between the petitioner and the second respondent. The petitioner sent representations to Revenue authorities to correct the mistake in the classification of petitioner's land. The petitioner also made an appeal before the Sub-Collector to restore his land. When the petitioner attempted to put up compound wall in the disputed portion, the second respondent and his henchmen present and abused the petitioner and also not allowed him to put up the compound wall. Hence the complaint.

3. Learned Additional Public Prosecutor appearing for the first respondent would submit that already civil dispute is pending between the second respondent and the petitioner in O.S.No.10 of 2020 before the District Munsif Court, Katpadi. The petitioner if aggrieved the act of the second respondent, he has to file appropriate petition before the concerned Court to get protection order and thereafter, based on which, the respondent police can provide him security.

4. Recording the same, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mfa To

1. The Inspector of Police, Katpadi Police Station, Katpadi, Vellore District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.P.Prabakaran, Advocate, S.R.No.67419 CRL.O.P.No.24190 of 2021 (CO) PM/04/01/2022 16.12.2021