S.Parvathy v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN S.Parvathy ... Petitioner Vs.
1. The Superintendent of Police, Virudhunagar District, Virudhunagar.
2. Inspector of Police, Panthalgudi Police Station, Panthalgudi, Virudhunagar District.
3. S.Chandra
4. S.Vijayakumar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to provide police protection to life and limb of the petitioner for the purpose of survey his own house is situated at Virudhunagar District, Aruppukottai Taluk, Panthalgudi Village in Survey No.420/7. For Petitioner : Mr.A.Jeyeram For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)
ORDER
This petition is filed seeking Police Protection to survey his own house in Survey No.420/7 situated at Panthalgudi Village, Aruppukottai Taluk, Virudhunagar District.
2.The case of the petitioner is that the petitioner purchased the property in Survey No.420/7 situated at Panthalgudi Village, Aruppukottai Taluk, Virudhunagar District from one Rajammal, wife of Muthalu, her two sons and two daughters, namely, Nagarajan, Narayanan, Nagammal and Nagajothi by virtue of rgistered sale deed in Document No.297 of 2021, dated 04.02.2021 and residing with his family in the above said property. As such, the petitioner is the absolute owner of the property by title, possession and enjoyment. The private respondents are adjoining property owners. The fourth 1/3
respondent is the son of the third respondent. The third and fourth respondents threatened and harassed the petitioner saying the house is in the site of the private respondents. Thereafter, the petitioner filed an application to survey her land on 11.03.2021. The petitioner's husband, namely Subbiah has given a petition before the second respondent seeking police protection to survey his land, which was registered in CSR No.10 of 2021, dated 07.02.2021. On enquiry, the second respondent advised the petitioner to get appropriate order to provide police protection. Therefore, the petitioner filed this petition seeking police protection. 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Criminal Side), who accepts notice for the respondents 1 and 2, on instructions, would contend that if a fresh representation is submitted by the petitioner, it would be considered. 4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).
5.Recording the submission made learned Government Advocate (Crl. Side), the petitioner shall file a fresh representation to the second respondent seeking police protection in respect of any trouble is anticipated and in case of any law and order problem likely to be created by the private respondents at the time of survey and on reciept of such representation, the second respondent shall consider the same. Moreover, on the basis of the petitioner's representation made to the Survey Department, the concerned Official in the Survey Department shall consider the representation of the petitioner to survey her land.
6.With these observations, this Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.
2/3
To
1. The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Panthalgudi Police Station, Panthalgudi, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.JEYA RAM, Advocate ( SR-15722[F] dated 09/04/2021 ) 09.04.2021 AS(28.06.2021) P 5C 3/3