M/S.Thirunindravur Domestic Fisherman Co-Operative Society v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2019

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.31961 of 2019 M/s.Thirunindravur Domestic Fisherman Co-operative Society, (Reg.No.FMCS 01 dated 29.09.2000) Rep. by its President Mr.R.D.Balaji, S/o, Durvasulu Naidu, No.686, Alamara Street, Perumalpet Villalge, Thiruvallur District.

...Petitioner

-VsState Rep by The Inspector of Police, T-11, Thirunindravur Police Station, Thiruvallur District.

... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent to provide adequate police protection to the petitioner society while exercising lease right of fishing in "Nadukuthakai Yeri", Nadukuthakai Village, Thiruvallur District, on the basis of the petitioner's representation dated 20.11.2019. For Petitioner : Mr.T.Arockia Dass For respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to provide adequate police protection to the petitioner society while exercising lease hold right of fishing in "Nadukuthakai Yeri", Nadukuthakai Village, Thiruvallur District, on the basis of the petitioner's representation dated 20.11.2019.

2. The learned counsel for the petitioner has submitted that he was granted license for fishing in Nadukuthakai Yeri, Nadukuthakai Village, Thiruvallur District from 2019 to 2024. He further submitted that when the petitioner was exercising the said right in pursuance of the license, several people https://hcservices.ecourts.gov.in/hcservices/

often coming to the lake and claiming that they are politicians/followers of Ex-President of Nadukuthakai Village and also demanded mamool and also gave life threat to the petitioner and hence the petitioner has submitted their representation on 20.11.2019 before the respondent. But the respondent has not taken any action on the said representation.

3. Per contra, the learned Public Prosecutor has submitted that after receipt of the said representation, CSR.No.675 of 2019 was issued and after enquiry, the said CSR was closed.

4. The learned counsel for the petitioner has submitted that the respondent without giving an opportunity to the petitioner has closed the CSR. He further submitted that now also the same life threat continues and therefore he requested to direct the respondent to give police protection to the petitioner for fishing in the aforesaid lake.

5. Considering the aforesaid facts, liberty is given to the petitioner to lodge a fresh complaint in person to the respondent and on such complaint being made, the same shall be enquired by calling both the parties and action be taken in accordance with law. With the aforesaid direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mfa To

1. The Inspector of Police, T-11, Thirunindravur Police Station, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.T.Arockia Doss, Advocate SR.104928 Crl.O.P.No.31961 of 2019 VSNII(CO) CB(19/12/2019) https://hcservices.ecourts.gov.in/hcservices/