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Madras High CourtCRL OP(MD)/3698/2020closed

T.S. Chandrasekaran v. The Commissioner Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD) No.3698 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.3698 of 2020

1. T.S.Chandrasekaran

2. T.S.Gnanasegaran

3. T.S.Vijayadoss

4. T.S.Muralidoss

5. T..V.Radhika Devi

...Petitioners

Vs.

1. The Commissioner of Police Madurai City, Madurai

2. The Deputy Inspector of General Alagarkovil Road Madurai

3. The Inspector of Police K.Pudur Police Station Madurai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 3rd respondent to provide adequate police protection to the fence in the above said agriculture land to be held on the 2nd week of March 2020 in situated at Survey No.62/2B, Mangalakudi Village, Madurai East Taluk, Madurai District based on the petitioner's representation dated 07.02.2020. For Petitioners : Mr.K.Srinivasan For Respondents : Mr.R.Anandharaj No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the 3rd respondent to provide adequate police protection to the fence in the above said agriculture land to be held on the 2nd week of March 2020 in situated at Survey No.62/2B, Mangalakudi Village, Madurai East Taluk, Madurai District based on the petitioner's representation dated 07.02.2020.

2. It is the case of the petitioners that there are the owners of properties in S.No.62/2B admeasuring 97 cents, Mangalakudi Village,Madurai East Taluk, Madurai District and one Karupayeeammal was their cultivating tenant few years back. After her demise her legal heirs had not cultivate the property belonging to the petitioners and thereby the petitioner had moved TCTB No.01 of 2004 https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD) No.3698 of 2020 before the Revenue Court and the Revenue Court by an order dated 21.02.2019 finding that the legal heirs of the said Karupayeemmal are not cultivating the land for the past years and further finding that there is no tenancy agreement held that the legal heirs of Karupayeeammal are not cultivating tenants. There is no appeal. Thereafter the petitioners attempted to fence the property belonging to them. Since it was objected to by the legal heirs of said Karupayeeammal the petitioner has sent a representation seeking police protection , 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 petitioners have been received by the registered post and thereafter summons have been issued to petitioner and the petitioner have not appeared sofar for enquiry. He would further submit that there is rival claim by the legal heirs one Karupayeammal. He would also submit that if the petitioners appears in person due enquiry will be conducted with the rival parties and based on the outcome of the enquiry, suitable action will be taken.

4. Recording the same, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (P AND A) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Commissioner of Police Madurai City, Madurai

2. The Deputy Inspector of General Alagarkovil Road Madurai

3. The Inspector of Police K.Pudur Police Station Madurai 4.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.K.SRINIVASAN, Advocate ( SR-9406[F] dated 28/02/2020 ) Crl.O.P.(MD) No.3698 of 2020 28.02.2020 aav KK/09.03.2020/ 2P- 6C https://hcservices.ecourts.gov.in/hcservices/