Madras High CourtCRL OP(MD)/5961/2021disposed of

Chandra v. The Superintendent Of Police

2021-07-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Chandra ... Petitioner Vs.

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

2. The State represented by The Inspector of Police, Thirukoistiyur Police Station, Sivagangai District

...Respondents/Complainants

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to provide police protection for measuring the petitioner's land in survey Nos.134/14 and 400/2 situated at Karuvelakurichu, Vadamavali Group, Thirukosistiyur Post, Thiriuppathur Taluk, Sivagnagai District by considering the petitioner's representation dated 22.02.2021.

For Petitioner : Mr.S.Kameswaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the second respondent to provide police protection for measuring the petitioner's land in survey Nos.134/14 and 400/2 situated at Karuvelakurichu, Vadamavali Group, Thirukosistiyur Post, Thiriuppathur Taluk, Sivagnagai District by considering the petitioner's representation dated 22.02.2021. 2.The case of the petitioner is that the petitioner is the owner of the lands comprised in Survey Nos.134/14 and 4002 at Karuvelakurichi, Vadamavali Group, Thirukoistiyur Post, Thiruppathur Taluk, Sivagangai District. For the purpose of measuring the property, she has taken steps and also paid Rs.1600/- as fees to the Surveyor Office, Thiruppathur Taluk, Sivagangai District. Since the petitioner faced disturbances at the hands of the third parties, she made a representation dated 22.02.20221 to provide police protection. The same has not been considered and therefore, the petitioner has filed the present petition before this Court. 1/3

3. On earlier occasion, after hearing the learned counsel for the petitioner and the learned Additional Public Prosecutor, it came to light that one Subramani S/o Chokalingam, Perumal S/o.Sevugan and Raja S/o Palanikumar were making troubles. On that ground they were impleaded suo motu as parties in this petition. Now proof of service has been filed with the acknowledgement card. In spite of receipt of notice, there is no appearance for them.

4. Considering the limited prayer sought for by the petitioner, there shall be a direction to the second respondent to consider the representation of the petitioner dated 22.02.2021 and pass orders on merits. Similarly, the Surveyor shall also conduct the survey by complying Section 10 of the Survey and Boundaries Act by issuing proper notice to all the parties concerned and if there is any necessity for police protection, the Surveyor is at liberty to file a petition before the second respondent seeking police protection. On the basis of the petition that may be lodged by the Surveyor, the second respondent shall consider the same and pass necessary orders.

5. With these directions, this petition is disposed of. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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, Sivagangai District, Sivagangai.

2. The Inspector of Police, Thirukoistiyur Police Station, Sivagangai District 2/3

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

23.07.2021 SSS(CO) LR (02.08.2021) 3P 4C 3/3