V.Pugalendhi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23321 of 2023 V.Pugalendhi ... Petitioner Vs.

1.The Inspector of Police, Gobinathampatti Kottu Road Police Station, Pappireddipatti Taluk, Dharmapuri District.

2.Perumal ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to grant an order of direction directing the first respondent to give police protection to the petitioner to have access to fix the pillar stone and fencing the land in the petitioner agriculture property in Survey No.54/1-A2, Chinnankuppan Village, Pappireddipatti Taluk, Dharmapuri District.

For Petitioners : M/s.S.Agalya For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner needs police protection to fence his property as per the survey done by the surveyor in the presence of the police on 15.07.2023. The report of the surveyor is found on page - 11 of the typed set. The allegation of the petitioner is that after surveying the land as per the revenue document, the second respondent had disturbed the survey stone and prevented him from fencing the land.

2. The Government Advocate (Crl.Side) submits that since there is a rival dispute regarding the title over the property, the parties are advised to approach the Civil Court.

3. This Court finds that once the surveyor, as per the documents, had measured the land and fixed the stone, if there is a rival claim over the property, it is for the second respondent to go to the civil Court. And unless and until, the Civil Court is seized of the matter as on date, the petitioner, as the owner of the property, is entitled to fence the land. And if there is any dispute, the respondent police, is duty bound to provide the necessary police protection. The respondent police is 2/4

directed to provide police protection to the petitioner herein while fencing the land.

4. The learned counsel for the petitioner submits that the petitioner shall get ready with men and material for fencing on 26.11.2023 and needs two days to complete the finishing work. Recording the same, the Criminal Original Petition is allowed directing the respondent police to give police protection to the petitioner while fencing his land. 12.10.2023 Index : Yes/No drl To

1. The Inspector of Police, Gobinathampatti Kottu Road Police Station, Pappireddipatti Taluk, Dharmapuri District.

2.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

drl Crl.O.P.No.23321 of 2023 12.10.2023 4/4