Madras High CourtCRL OP(MD)/5594/2021disposed of

R.Rengarajan v. The Superintendent Of Police

2021-04-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5594 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5594 of 2021 R.Rengarajan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

3.C.Swaminathan 4.S.Ramkumar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to consider the petitioner's representation, dated 07.04.2021 for providing adequate police protection to the petitioner's life and limb for surveying his land property situated in Town Survey No.1630, North 3rd street, Pudukottai, Pudukottai District within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For R1 and R2 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The present petition is filed seeking a direction to the respondents 1 and 2 to provide adequate police protection to the petitioner's life and limb on the basis of the petitioner's representation dated 07.04.2021.

2.The grievance of the petitioner is that the private respondents 3 and 4 herein are not permitting him to measure his own property situated in Town Survey No.1630, North 3rd street, Pudukottai.

3.According to the learned Additional Public Prosecutor for the respondents 1 and 2, as per the Survey and Boundaries Act, the petitioner has to pay prescribed fee for surveying the land and if the surveyor feels that police protection is required and on his representation, the authorities are ready to provide the same subject to the necessity.

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Crl.O.P.(MD)No.5594 of 2021 4.In the circumstances, a direction shall be given to the petitioner that he can approach the concerned surveyor for surveying the land and the surveyor shall act as per the Survey and Boundaries Act by giving proper notice to the private respondents 3 and 4 herein and after conducting an enquiry as contemplated under Section 10 of the Act, on the outcome of the enquiry, may survey the land as per law and if any necessity arises, he must also approach the second respondent herein for a proper protection on the representation made by the concerned surveyor, the second respondent shall consider and pass orders on merits, within a period of fifteen days from the date of receipt of representation. 5.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-16545[F] dated 20/04/2021 ) Crl.O.P.(MD)No.5594 of 2021 20.04.2021 SVN(CO) KB(26.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2