K.Selvakumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.25311 of 2021 1.K.Selvakumar 2.K.Saravanan ... Petitioners

Versus

1. The Superintendent of Police, No.50, Sankari Main Road, Near Chennai Cakes, Nethimedu, Salem District - 636 002.

2. The Inspector of Police, Vazhapadi Police Station, Vazhapadi, Salem.

3. Thesingu Raja ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973 to direct the 1st and 2nd respondent to give adequate police protection to measure the survey No. 10/2A and 10/2C, SarkkarVazhapadi Village, Vazhapadi Taluk, Salem District to an extent of 48 cents and 48 cents respectively and laying the stones.

For Petitioners :

Mr.V.Achuthanandan For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor For R1 & R2.

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondent to give adequate police protection to measure the survey No. 10/2A and 10/2C, SarkkarVazhapadi Village, Vazhapadi Taluk, Salem District to an extent of 48 cents and 48 cents respectively and laying the stones.

2. The petitioners develops the property, lays lay out and sells the same. Behind Vazhapadi Village, they had developed a property and for the public purpose, they had laid out 4,000 Sq.ft and supported the same by demarcation. One Thesingu Raja S/o Chellakannu had demolished the demarcation and when the same was questioned, he abused and threatened the petitioner. The petitioner earlier on 07.08.2020, on the approval of the Tahsildar, Vazhaipadi had paid the survey fee. The Revenue authorities had verified the revenue records and also petitioners documents and thereafter only survey was conducted, places were demarked. Now, the said Thesingu Raja, the adjacent land owner is obstructing and the respondent police are not taking proper action.

3. In view of the same, the Inspectors of Police, Vazhapadi to verify the petitioners contention along with the supporting documents and thereafter to provide police protection for the petitioners to ear-mark the property for demarcation and laying stones. Unless the obstructor, Thesingu Raja is armed with any Court Order.

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

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar dpq/mpl To

1. The Superintendent of Police, No.50, Sankari Main Road, Near Chennai Cakes, Nethimedu, Salem District - 636 002.

2. The Inspector of Police, Vazhapadi Police Station, Vazhapadi, Salem.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Achuthanandan, Advocate, S.R.No.7826 CRL.O.P.No.25311 of 2021 AK-II(CO) SU(23/02/2022)