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Madras High CourtCRL OP/22772/2024dismissed

E. Arunachalam v. The State Rep By Its,

2024-11-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN E.Arunachalam ... Petitioner Vs.

1. The State rep. by the The Superintendent of Police Chengalpattu District

2. The Inspector of Police Chunambedu Police Station Chengalpattu District

3. Kathavarayan

4. Ramu ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to issue a direction directing the second respondent to provide police protection to the petitioner and the Survey Department Officials to survey the property situated at Chumabedu Village, Cheyyur Taluk, Chengalpattu District in Survey No.332/4 admeasuring to 30 cents in view of hindrance by the third and fourth respondents herein.

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For Petitioner : Mr.G.Megesh Kumar For Respondents 1 & 2 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) For Respondents 3 & 4 : Mr.P.Anbazhagan

ORDER

This Criminal Original Petition has been filed by the petitioner to issue a direction to the second respondent to provide police protection to the petitioner and the Survey Department Officials to survey the property situated at Chumabedu Village, Cheyyur Taluk, Chengalpattu District in Survey No.332/4 admeasuring to 30 cents in view of hindrance by the third and fourth respondents herein.

2. Heard both sides and perused the materials available on record.

3. The case of the petitioner is that on earlier occasion, the private respondents raised objections to survey the petitioner's property and also threatened the officials and therefore, the petitioner made a complaint to the second respondent police as early as on 22.11.2023 seeking police protection to 2/5

Officials in order to survey the property followed by a representation dated 22.12.2023 to the first respondent. But the same were not considered. On 01.09.2024, the private respondents cut the Neem trees from the petitioner's property. Hence, a complaint was lodged to the second respondent and the same was also not considered. Therefore, the present petition is filed seeking direction to the respondent police to provide police protection in order to survey the petitioner's property.

4. On a perusal of the records shows that the dispute is civil in nature. Therefore, this Court is not inclined to entertain this petition.

5. Accordingly, this Criminal Original Petition is dismissed. 13.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Superintendent of Police Chengalpattu District

2. The Inspector of Police Chunambedu Police Station Chengalpattu District

3. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN. J.

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