Madras High CourtCRL OP(MD)/3110/2022disposed of

Ashiya Beevi v. The Superintendent Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3110 of 2022 Ashiya Beevi

...Petitioner

Vs.

1. The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Tahsildar Taluk Office Kamuthi Taluk Ramanathapuram District

3. The Inspector of Police Peraiyur Police Station Ramanathapuram District

4. M.Gory Mohammed 5.Fathima Kani 6.Shama

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first and third respondent to grant police protection for Survey the lands in old survey no.333/6, new survey no.539/2012 situated at Aanayoor group, Aanayoor Village, Kamuthi Taluk, Ramanathapuram District on the basis of the petitioner's representation dated 04.12.2021 and 27.01.2022. For Petitioner : M/s.Mariappan N For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the first and third respondent to grant police protection for Survey the lands in old survey no.333/6, new survey no.539/2012 situated at Aanayoor group, Aanayoor Village, Kamuthi Taluk, Ramanathapuram District on the basis of the petitioner's representation dated 04.12.2021 and 27.01.2022.

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2. The petitioner has filed an application to survey the property owned by him old survey No.333/6, new survey No.539/2012

situated at Aanayoor group, Aanayoor Village, Kamuthi Taluk, Ramanathapuram District. On receipt of the application he also pay the requisite fees. The second respondent has engaged a surveyor to survey the lands, however the respondents 4 to 6 are preventing the surveyor to survey the land, therefore he has lodged a complaint on 04.12.2021 and 27.01.2022 seeking police protection from the third respondent.

3. The learned Additional Public Prosecutor would submit that on receipt dated 04.12.2021 the petitioner was issued CSR No.135 of 2021, conducted detailed enquiry after summoning the respondents 3 to 6 on 13.12.2021 and the same was closed.

4. Considering the above facts and circumstances of the case, the Surveyor is directed to survey the land as requested by the petitioner. If the Surveyor feels any hindrance to survey the land belonging to the petitioner, he can very well seek police protection before the third respondent. If any complaint lodged by the Surveyor while surveying the land seeking police protection, the third respondent is directed to consider the same and pass orders on merits and in accordance with law after conducting enquiry with the respondents 4 to 6 herein.

5. With the above observation and direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) Aav To

1. The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Tahsildar Taluk Office Kamuthi Taluk Ramanathapuram District

3. The Inspector of Police Peraiyur Police Station Ramanathapuram District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Crl.O.P.(MD) No.3110 of 2022 14.02.2022 MGJ(24.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/