Madras High CourtCRL OP(MD)/14280/2016disposed of

E.Srithar v. The Superintendent Of Police

2016-08-11Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.14280 of 2016 E.Srithar .. Petitioner Vs.

1.The Superintendent of Police, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

3.Tahsildar, Kodaikanal.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents 1 and 2 to provide adequate police protection during survey will be conducted by the third respondent of the petitioner's land in Survey No.1354/2, 2A, Villapatti Village, Kodaikanal Taluk, Dindigul District, date and time fixed by this Hon'ble Court.

For Petitioner : Mr.RM.Arunswaminathan For respondents : Mr.A.P.Balasubramani, Government Advocate (Criminal side)

ORDER

This direction petition has been filed to issue direction to the respondents 1 and 2 to provide adequate police protection during the survey to be conducted by the third respondent in respect of the petitioner's land in Survey No.1354/2 and 2A, Villapatti Village, Kodaikanal Taluk, Dindigul District. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. By consent, the Criminal Original Petition itself is taken up for final disposal.

3.The learned counsel for the petitioner submitted that already the petitioner herein has moved the Civil Court in https://hcservices.ecourts.gov.in/hcservices/

O.S.No.46 of 2016 and obtained an order of interim injunction in I.A.No.179 of 2016. In the petition, allegation has been levelled against four persons.

4.The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the respondents will conduct an enquiry not only by enquiring the petitioner as well as the opponent in the complaint dated 14.06.2016 so that finality can be attained.

5.Having regard to the nature of allegations made in the complaint dated 14.06.2016 the respondent police will make an enquiry with regard to the claim made by the petitioner as well as the claim made by the proposed accused namely, R.A.Anthony Cruse, R.A.Lurthu Raj, R.A.Michael and R.A.Veilankanni and will take final decision within a period of four weeks from the date of receipt of a copy of this order and in the event of land survey being conducted by the third respondent Tahsildar, the respondent police will provide adequate protection to the petitioner. 6.This Criminal Original Petition is accordingly disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar srm To 1.The Superintendent of Police, Dindigul.

2.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

3.Tahsildar, Kodaikanal.

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

+1CC to Mr.R.M.Arun Swaminathan, Advocate Sr.No.43637 GJM/AAL/MPA/SAR-AE-12.9.16-2p-6c Crl.O.P(MD)No.14280 of 2016 11.08.2016 https://hcservices.ecourts.gov.in/hcservices/