A.Pandithurai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.6035 of 2021 A.Pandithurai ... Petitioner vs.

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

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

3.Manoharan 4.Kesavan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue an order of direction, directing the 2nd respondent to give adequate police protection for measuring the land in S.No.26/4 & 26/6 at Vadugapatti Village, Madurai North Taluk, Madurai District belongs to this petitioner and his brothers.

For Petitioner : Mr.J.William Christopher For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking direction to direct the second respondent to give adequate police protection for measuring the land in S.No.26/4 & 26/6 at Vadugapatti Village, Madurai North Taluk, Madurai District belongs to this petitioner and his brothers.

2. Even though notice has been served, none appeared for the private respondents.

3. The case of the petitioner is that he is the owner of the property that has been mentioned in the above. For the purpose of making partition between the brothers, the petitioner made a representation on 12.06.2020 for measuring the property and he also paid necessary fee before the Sub-treasury, Madurai North, Madurai District, for survey the land. But, the private respondents, who are 1/3

neighbours of the petitioner, made objection and obstruction. So, he made a representation to the first respondent herein, seeking police protection. But, there was no action. Hence, this petition.

4. The learned Government Advocate (Crl.Side) would submit that based upon the representation made by the petitioner, enquiry was undertaken. But, the petitioner and the private respondents did not appear before the Enquiry Officer and co-operate with him to complete the enquiry.

5. Considering the limited prayer sought by the petitioner in this petition, the surveyor attached to the Madurai North Taluk, Madurai District, may undertake the survey process by properly giving notice to the petitioner as well as the private respondents herein in accordance with Section 10 of the Tamil Nadu Survey and Boundaries Act. Depending upon the outcome of the process, if any trouble arises, surveyor may give proper representation to the second respondent herein seeking police protection. So, on the basis of the representation, the second respondent may give police protection for measuring the property and fix the boundaries of the land. This exercise should be completed within a month from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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, Madurai District,Madurai 2.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

+1 CC to M/s.J.WILLIAM CHRISTOPHER, Advocate ( SR-31398[F] dated 06/10/2021 ) Crl.OP(MD)No.6035 of 2021 05.10.2021 MGJ/UV(09.11.2021) 3P 5C 3/3