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Madras High CourtCRL OP(MD)/7702/2020closed

K.Lakshmi v. The District Collector

2020-08-07Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN K.Lakshmi ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Thiruchuli Taluk, Virudhunagar District, Thiruchuli, Virudhunagar District.

4.The Tahsildar, Taluk Office, Thiruchuli Taluk, Virudhunagar District.

5.The Block Development Officer, The Block Development Office, Thiruchuli @ M.Reddiyapatti, Virudhunagar District.

6.The Inspector of Police, Narikkudi Police Station, Virudhunagar District.

7.M.Vellaichamy 8.V.Ramalakshmi 9.V.Jeyasudha 10.P.Subramani 11.S.Packiyam 12.R.Muthulakshmi 13.P.Arumugam 14.M.Murugan(TASMAC) 15.V.Sakthivel ... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, praying to direct the respondents 2 & 6 to give adequate police protection for the life and limb of the petitioner, his family members and to have peaceful possession and enjoyment of the property comprised in Survey No.165/29, situated at Vidathakulam Village, Thiruchuli Taluk, Virudhunagar District, based on the representation dated 29.04.2020.

For Petitioner : Mr.R.Murugan For R1 to R6 : Mr.S.Chandrasekar Additional Public Prosecutor 1/3

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the second and sixth respondents to give adequate police protection for the life and limb of the petitioner, his family members and to have peaceful possession and enjoyment of the property comprised in Survey No.165/29, situated at Vidathakulam Village, Thiruchuli Taluk, Virudhunagar District, based on the representation dated 29.04.2020.

2.Heard Mr.R.Murugan, the learned Counsel for the petitioner and Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents 1 to 6.

3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 6, on instructions, would submit that considering the petitioner's pathetic condition of life, the Government of Tamil Nadu, allotted a piece of vacant site measuring an extent of 30 sq.mt., comprised in Survey No.165/29, for which, on 11.10.2017, the fourth respondent issued patta bearing No.Ni.Mu.HST No.257/2017. Now, on verification, it was found that some mistakes have been committed in respect of the extent of land mentioned in the patta, and therefore, on 04.08.2013, patta issued in favour of the petitioner was cancelled by the competent authority.

4.The submission made by the learned Additional Public Prosecutor is recorded.

5.In such circumstances, though the present application has been filed for police protection, only after testing the validity of the order passed in respect of the cancellation of patta, the necessity of the police protection is to be decided. As of now, as per the submission of the learned Additional Public Prosecutor, the petitioner is not having any title in S.F.No.165/29, so absolutely it is not necessary in giving police protection to the petitioner. 6.With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3

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 District Collector, Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, Thiruchuli Taluk, Virudhunagar District, Thiruchuli, Virudhunagar District.

4.The Tahsildar, Taluk Office, Thiruchuli Taluk, Virudhunagar District.

5.The Block Development Officer, The Block Development Office, Thiruchuli @ M.Reddiyapatti, Virudhunagar District.

6.The Inspector of Police, Narikkudi Police Station, Virudhunagar District.

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

07.08.2020 SPU(25.08.2020) 3P 8C 3/3