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Madras High CourtCRL OP(MD)/5832/2022disposed of

B.Saranya Janaki v. The Superintendent Of Police

2022-03-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.5832 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5832 of 2022 1.B.Saranya Janaki 2.T.Nithya Janaki ... Petitioners Vs.

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

2. The Inspector of Police, Eral Police Station, Eral, Thoothukudi District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 2nd respondent to give police protection for surveying the property in Ayan Punjai Survey No.1/1A2, Thiruppani Chettiyapathu Village, Eral Sub-registrar, Thoothukudi District with the assistance of surveyor and to fence the property based on the 1st petitioner's representation dated 03.03.2022. For Petitioners : Mr.N.Pragalathan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed for a direction to the second respondent to give police protection for surveying the property in Ayan Punjai Survey No.1/1A2, Thiruppani Chettiyapathu Village, Eral Sub-registrar, Thoothukudi District with the assistance of surveyor and to fence the property based on the first petitioner's representation dated 03.03.2022.

2. The petitioners owned land admeasuring 1.22 1⁄2 acres comprised in Ayan Punjai Survey No.1/1A2 situated at Thiruppani Chettiyapathu Village, Eral, Thoothukudi District by way of a registered settlement deed dated 01.12.2021 vide Document No.1513 of 2021.

While being so, the first petitioner submitted an application, to survey and fence the land, on 21.02.2022 before the revenue officials along with the requisite fees. Thereafter, the first petitioner also gave a representation on 03.03.2022. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.5832 of 2022

3. Considering the above, the revenue officials are directed to engage a Surveyor to survey the petitioners' land and if the Surveyor finds any hindrance while surveying the land, the concerned Surveyor can very well seek police protection before the jurisdictional police namely, the second respondent herein, to survey the land. On such request, the second respondent shall issue notice to the petitioners and the adjacent owners and conduct enquiry and pass orders to provide adequate police protection to survey the petitioner's land.

4. Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

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

2. The Inspector of Police, Eral Police Station, Eral, Thoothukudi District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-15993[F] dated 01/04/2022 ) Crl.O.P(MD).No.5832 of 2022 30.03.2022 RK(20/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2