Naina Mohamed v. The Superintendent Of Police

Crl.O.P.(MD) No.5061 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5061 of 2022 Naina Mohamed ... Petitioner/Complainant Vs

1. The Superintendent of Police, Madurai District, Madurai.

2. The Tahsildar, Madurai East Taluk, Madurai District.

3. The Head Surveyor, Madurai East Taluk, Madurai District.

4. The Inspector of Police, Othakadai Police Station, Madurai District.

5. Thirugnanam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct 1st respondent to provide adequate police protection to the petitioner and officials who conduct the survey in the petitioner's land in survey No.39.

For Petitioner : Mr.K.Suyambulinga Bharathi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 to R4

O R D E R

This petition has been filed for directing the first respondent to provide adequate police protection to the petitioner and the officials, who conduct survey in the petitioner's wife's land. 2.The petitioner's wife purchased the land comprised in S.No.39 to the extent of 21 cents situated at Narasingam 4th Bit Village, Madurai East Taluk, Madurai District by registered sale deed vide document No.2734 of 2014. However, the property comprised in S.No.40 was purchased by the fifth respondent herein, who caused damage to the boundary stone of the petitioner's wife's land. Therefore, the petitioner lodged a complaint before the fourth respondent and he was issued C.S.R.No.547 of 2021 and the same was conducted and closed on 29.09.2021. However, the petitioner and his wife https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5061 of 2022 submitted an application to the second respondent to survey the her property with requisite fee. On receipt of the same, the second respondent engaged the third respondent to survey the land. If the third respondent while surveying the land faces any hindrance by the fifth respondent and other party, the third respondent can very well seek police protection to the fourth respondent to survey the petitioner's land. If any such request is made by the third respondent, the fourth respondent is directed to conduct enquiry and pass orders on the application on merits and in accordance with law. 3.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To

1. The Superintendent of Police, Madurai District, Madurai.

2. The Tahsildar, Madurai East Taluk, Madurai District.

3. The Head Surveyor, Madurai East Taluk, Madurai District.

4. The Inspector of Police, Othakadai Police Station, Madurai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P (MD) No.5061 of 2022 18.03.2022 AM(CO) KB(01.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2