N.Chakkarapani, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.OP.No.26745 of 2017 N.Chakkarapani ... Petitioner Vs.

1. The Inspector of Police, Sathuvachari Police Station, Sathuvachari, Vellore - 632 009.

2. The Tahsildar, Vellore, Vellore District.

3. K.Thiruvenkadam

4. T.Prema

5. T.Deivasigamani

6. D.Chitra Devi

7. T.Silambarasan

8. D.Sadhasivam

9. D.Mahadevan

10. D.Sowntharajan ... Respondents [R3-R10 are impleaded as per order of this Court, dated 14.12.2017 made in Crl.MP.No.15899/2017 in Crl.OP.No.26745/2017] Prayer : Criminal Original Petition filed under Section 482 Cr.P.C to direct the 1st respondent to provide a police protection to conduct the survey of the land situated in S.No.110/2 of Perumugai Village to the extent of 10 cents (4360 Sq.Ft.).

For Petitioner : Mr.S.Doraisamy For R1 & R2 : Mr.C.Raghavan Government Advocate (Crl.Side) For R3 to R10 : Mr.B.Jawahar

ORDER

This Criminal Original Petition has been filed seeking for police protection to conduct the survey in the land belonging to the petitioner.

2. The learned counsel for the petitioner would submit that this Court, by an order dated 23.06.2017 in W.P.No.8947 of 2017, had directed the Tahsildar, Vellore District, to consider the representation made by the petitioner for demarcating the petitioner's land and pass necessary orders in accordance with law.

3. Pursuant to the order passed by this Court, the Tahsildar also issued a notice to the petitioner on 04.10.2017, directing the petitioner to produce all the relevant title deeds for the purpose of conducting the survey.

4. The learned counsel for the petitioner would also submit that, when the Tahsildar attempted to conduct the survey, the respondents 3 to 10 were resisting the same, and therefore, the present petition has been filed seeking for police protection.

5. The learned Government Advocate (Crl.Side) would submit that the first respondent police have not received any representation from the petitioner, seeking for police protection and he has directly approached this Court.

6. The learned counsel for the respondents 8 to 10 also submitted that the petitioner has not even stated in what manner, the respondents are interfering with the conducting of the survey by the Tahsildar and even without giving any representation to the respondent police, the petitioner has directly approached this Court.

7. In view of the above, this Criminal Original Petition is disposed of, with the direction to the petitioner to give a fresh representation to the first respondent. Upon receiving such representation, the first respondent shall take into consideration the facts and circumstances of the case and take an appropriate decision, with regard to providing police protection to the petitioner.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

msrm/raja To

1. The Inspector of Police, Sathuvachari Police Station, Sathuvachari, Vellore - 632 009.

2. The Tahsildar, Vellore, Vellore District.

3. The Public Prosecutor High Court, Madras.

+1 cc to Mr.S.Doraisamy, Advocate Sr.No.80717 Crl.OP.No.26745 of 2017 CS(CO) CSL/17.12.2018