Balakrishna v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.25963 of 2022 Balakrishna .. Petitioner Vs

1. The State, represented by The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

2. Tmt.Kanagamma,

3. Narayanamma

4. Anjammal

5. Sivamma .. Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent police to take action based on the petitioner's complaint dated 23.09.2022 and consequently direct the 1st respondent police to give police protection for construction of house in his land in Survey No.58/1E situated at Mattampalli Village, Shoolagiri Taluk, Krishnagiri District.

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For Petitioner : Mr. E. Kannadasan For Respondents : Mr. S. Santhosh Govt. Advocate (crl.side)

ORDER

This Criminal Original Petition petition has been filed to direct the 1st respondent police to take action based on the petitioner's complaint dated 23.09.2022 and consequently direct the 1st respondent police to give police protection for construction of house in his land in Survey No.58/1E situated at Mattampalli Village, Shoolagiri Taluk, Krishnagiri District. 2.The learned Counsel appearing for the petitioner submitted that the ;petitioner had purchased a landed property situate in Survey No.58/1E to the extent of 0.69 cents at Mattampalli Village, Shoolagiri Taluk, Krishnagiri District from one Sivanandan, vide registered Document No.3560/2022, dated 13.06.2022, pursuant to w/hich, Patta was also granted in favour of the petitioner in patta No.914. At this stage, the private respondents 2 to 5 are giving trouble and disturbance to the petitioner, thereby preventing him from constructing a house in the abovesaid land. Having regard to the same , he lodged a complaint before the respondent police on 23.09.2022, since, no 2/5

action has been taken on the same, the petitioner has come forward with this the present petition seeking police protection for constructing house in his land.

3. The learned Govt. Advocate (crl.side) appearing for the respondent police submitted that the complaint given by the petitioner dated 23.09.2022 is pending for enquiry with the respondent police in CSR.No.281 of 2022 . He would further submit that notices were also issued to the parties concerned for conducting enquiry.

4. Recording the submission of the learned Govt. Advocate (crl.side), the 1st respondent namely the Inspector of Police, Shoolagiri Police Station, Krishnagiri District is directed to conduct enquiry upon the compliant received from the petitioner and take suitable action on the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. On enquiry, if it is found that the petitioner is the owner of the above said property, it is open to the 1st respondent to provide necessary police protection to the petitioner for construction of 3/5

house in his land.

5.With the above direction, this Criminal Original Petition stands disposed of. No costs.

27.10.2022 Index : Yes / No Internet : Yes/ No msr To

1. The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

2. The Public Prosecutor, Madras High Court.

Note: Issue copy on 31.10.2022 4/5

V. SIVAGNANAM, J.

msr Crl.O.P.No.25963 of 2022 27.10.2022 5/5