Samsath Begum v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.2685 of 2020
1. Samsath Begum
2. Muhammed Riyasuddin
...Petitioners
Vs.
1. The Superintendent of Police Office of the Superintendent of Police Thanjavur, Thanjavur District
2. The Inspector of Police Thiruppananthal Police Station Thiruppanananthal Thanjavur District
3. Karthikeyan
4. Ramesh
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent to provide police protection to the petitioners in cultivating their lands. For Petitioner : Mr.S.Siva Thilakar For Respondents : Mr.S.Chandrasekar No.1 & 2 Additional Public Prosecutor
ORDER
This petition has been filed seeking direction to direct the second respondent to provide police protection to the petitioners in cultivating their lands.
2. The first petitioner is the mother and the second petitioner is the son. The first petitioner is the owner of the land in R.S.No.145/2-2.28 Acres, R.S.No.146/2A-1.77 Acres and R.S.No.1475.35 Acres of Anakkudi Village, Thiruvidaimaruthur Taluk, Thanjavur District and the Second petitioner is the owner of lands in R.S.No.144/2B- 1.05 Acres, R.S.No.155-2.85 Acres and R.S.No.156/1B1.00 Acres of Annakkudi Village, Thiruvidaimaruthur Taluk, Thanjavur
District The petitioners are cultivating the land independently. The petitioners prepared seedlings CR 1009 variety paddy on 27.08.2019 and transplanted on 11.09.2019 and 12.09.2019 and after continuous hard work the fields are nearing harvest. The lands are lying as a single lot and the petitioners are jointly cultivating the lands. Whileso on 12.08.2019 the third and fourth respondents lodged a complaint with the second respondent and the second respondent conducted a katta panchayat and threatened the petitioners to hand over their land to the third and fourth respondents without any reason. Since the petitioners did not agree for it the third respondent with the held of the second respondent attempted to forcibly entered into the cultivating lands with the intention of grabbing the petitioners property.
He would further submit that on 17.01.2020 at 11.00 a.m while the petitioners were in their lands overseeing their cultivation the third and fourth respondents came to the land and threatened the petitioners to leave the land and further threatened to kill the petitioners and their family. With regard to the same,the petitioner has given complaint on 17.01.2020. Since no action has been taken the present petition has been filed.
3. The learned Additional Public Prosecutor would submit that the complaint of the petitioner has been received through online and the respondent have fixed the enquiry today( 17.02.2020). He would also submit that since certain allegations have been made against the enquiry officer/second respondent, the matter may be referred to the Deputy Superintendent of Police,Thiruvidaimaruthur for enquiry and he may be directed to conduct enquiry. He would also submit that the second respondent has not interfered with the dispute pending between the petitioner and the third and fourth respondent.
4. In view of the same, the Deputy Superintendent of Police,Thiruvidaimaruthur is directed to conduct enquiry with the between the petitioner and the third and fourth respondent and pass orders inaccordance with law.
5.Recording the same, this Criminal Original Petition is closed. It is also made clear that this Court has not passed any order with regard to the civil rights pending between the parties. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS)
To
1. The Superintendent of Police Office of the Superintendent of Police Thanjavur, Thanjavur District
2. The Deputy Superintendent of Police, Thiruvidaimaruthur
3. The Inspector of Police Thiruppananthal Police Station Thiruppanananthal Thanjavur District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court.
+1 CC to M/s.S.SIVA THILAKAR, Advocate ( SR-6637[F] dated 17/02/2020 ) Crl.O.P.(MD) No.2685 of 2020 17.02.2020 aav SDS (02.03.2020) 3P-6C