P.Aandavan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.31963 of 2019 P.Aandavan

...Petitioner

Vs.

1.The Superintendent of Police, Office of the Superintedent of Police, Vellore District 2.The Inspector of Police, Office of the Inspector of Police, Arcot Town, Vellore District 3.D.Ravi

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to give police protection to the petitioner and the government officials in the course of surveying the land as the petitioner being the title holder of the property by considering the petitioner representation dated 19.11.2019.

For Petitioner : M/s.Eswar, Kumar and Rao For R1 and R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents to give police protection to the petitioner and the government officials in the course of surveying the land as the petitioner being the title holder of the property by considering the petitioner representation dated 19.11.2019.

2. The learned counsel for the petitioner would submit that the petitioner had purchased a property in Thazhanur Mathura Ramanathapuram Village, Walajabad Taluk, Vellore District comprised in survey No.117A/2B and 117A/2A for a total extent of 0.98 cents by virtur of registered sale deed by Doc.No.4910 of 2019 dated 27.08.2019 on the file of the Sub Registrar Officer, Arcot from one, M.Das. The patta is also in his name. When the surveyor came to the property to survey, one Mr.Ravi stopped the surveyors from surveying the land stating that the land belongs to his fore father. Thereafter https://hcservices.ecourts.gov.in/hcservices/

the petitioner also lodged complaint to the second respondent to take action against the said Ravi, however no action has been taken.

3. Considering the facts and circumstances of the case, this Court cannot direct the second respondent to give police protection to survey his land. The revenue authority has to ascertain whether any hindrance while surveying the land, and if they found any hindrance from anybody to survey the petitioner's land, they can very well seek police protection.

4. Accordingly, the petitioner is at liberty to approach the revenue authorities for surveying his land. Thereafter, the revenue officials may seek police protection from the authority concerned, if required.

5. With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar Lok To 1.The Superintendent of Police, Office of the Superintedent of Police, Vellore District 2.The Inspector of Police, Office of the Inspector of Police, Arcot Town, Vellore District

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.Eswar Kumar & Rao, Advocate, S.R.No. 23401 Crl.O.P.No.31963 of 2019 MR(CO) GN(26/06/2020) https://hcservices.ecourts.gov.in/hcservices/