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Madras High CourtCRL OP/24686/2019closed

R.Malathi v. The Superintendent Of Police,

2020-10-12Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2020

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P No.24686 of 2019

1. R. Malathi

2. R.Ravi ... Petitioners Vs.

1. The Superintendent of Police, S.P. Office, Coimbatore.

2. The Inspector of Police, Sirumughi Pudur Police Station, Coimbatore District.

3. V.Saravanakumar

4. R.Sri Hari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st and 2nd respondents to provide protection to the petitioners and to survey the lands of the petitioners with the help of Taluk Surveyor as per the documents and put fencing for their land by considering the petitioners' representation dated 02.01.2019. For Petitioners : Mr.R.Siddharth For 1st & 2nd Respondents : Mr.S.Karthikeyan Additional Public Prosecutor No Appearance for R3 & R4 - - - - -

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 1st and 2nd respondents to provide police protection to the petitioners and to survey the lands with the help of Taluk Surveyor by considering the representation given by the petitioners dated 02.01.2019.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents police 1 and 2. https://hcservices.ecourts.gov.in/hcservices/

3. Today when the petition came up for hearing, the learned Additional Public Prosecutor, on instructions, would submit that in respect of the protection sought for by the petitioners, the respondents police have not received the representation dated 02.01.2019 as alleged by the petitioner. Further, he would submit that in respect of measuring of the property, the Surveyor has also not submitted the representation.

4. Hence, in view of the above, in the absence of any representation from the proper person, this Court cannot direct the 1st and 2nd respondents to provide police protection. However, the petitioner is at liberty to approach the Taluk Surveyor and the 2nd respondent by preferring a fresh representation for the relief sought for in this petition.

With the above observation, the Criminal Original Petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar asi To

1. The Superintendent of Police, S.P. Office, Coimbatore.

2. The Inspector of Police, Sirumughi Pudur Police Station, Coimbatore District.

3. The Public Prosecutor High Court Madras Crl.O.P No.24686 of 2019 aa09/11/2020 https://hcservices.ecourts.gov.in/hcservices/