Sumathi v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.29051 of 2019 Sumathi W/o Dharmalingam No.106, Arunthathiyar Street Chinnakakavery, Pillayar Kovil, Seerapalli Rasipuram Taluk Namakkal District.
...Petitioner
-Vs1.The Superintendent of Police Namakkal District.
2.Deputy Superintendent of Police Rasipuram Taluk Namakkal District.
3.The Inspector of Police Namagiripet Police Station Namakkal District.
4.Pappathi W/o K.Natarajan Kattukottai, Vadukam Muniyappampalayam Village and Post Near Kaasiammal Kaaikari Thottam Rasipuram Taluk, Namakkal District.
... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the 3rd respondent to give police protection to the petitioner to survey the petitioner's land comprised in re survey No.17-1A for an extent of Punja 0.97.0 Acre and comprised in re survey No.17-1B for an extent of 0.96 Acre and totally 1.93 Acre, situated at Vadukamuniyampalayam Village, Rasipuram Union, sub registration district of Rasipuram, Registration district of Namakkal under registered sale deed dated 27.03.2018 (Document No.1286/2018) based on the petitioner's written request dated 04.09.2019 pending on the file of the 2nd and 3rd respondents.
For Petitioner : Mr.G.Peranban For Respondents : Mr.K.Prabakar Additional Public Prosecutor For RR1 to 3 Mr.W.Camyles Gandhi For R4
ORDER
The Criminal Original Petition has been filed to direct the 3rd respondent to give police protection to survey the petitioner's land comprised in re survey No.17-1A for an extent of Punja 0.97.0 Acre and comprised in re survey No.17-1B for an extent of 0.96 Acre and totally 1.93 Acre, situated at Vadukamuniyampalayam Village, Rasipuram Union, sub registration district of Rasipuram, Registration district of Namakkal under registered sale deed dated 27.03.2018 (Document No.1286/2018) based on the petitioner's written request dated 04.09.2019 pending on the file of the 2nd and 3rd respondents. 2.Heard the learned counsel for the petitioner, learned Additional Public Prosecutor for respondents 1 to 3 and learned counsel for the respondent 4.
3.It is seen that there was a civil dispute between the parties and the petitioner herein has filed a suit in O.S.No.23 of 2019 on the file of the learned District Munsif, Rasipuram and it is pending without any interim order. Pending suit, the petitioner requested the revenue authorities to survey her land also paid some amount to the concerned revenue department. Therefore, if any surveyor is appointed on the request made by the petitioner, by the revenue department to survey her land, the surveyor while surveying the land belongs to the petitioner can very well seek necessary police protection before the concerned jurisdictional police station. On such request, the Officer-in-Charge of the concerned police station is directed to consider the same and after conducting enquiry with the private parties, shall pass appropriate orders on merits and in accordance with law.
4.With the above directions, the Criminal Original Petition is disposed of.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar
Jer To 1.The Superintendent of Police Namakkal District.
2.Deputy Superintendent of Police Rasipuram Taluk Namakkal District.
3.The Inspector of Police Namagiripet Police Station Namakkal District.
4.The Public Prosecutor High Court of Madras.
Crl.O.P.No.29051 of 2019 VGII(CO) SP(30/07/2020)