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Madras High CourtCRL OP(MD)/6263/2021dismissed

D.Ramamoorthy v. The Superintendent Of Police

2021-08-31Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN B.Ramamoorthy ... Petitioner Vs.

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

2.The Tahsildar, Thiruverumbur Taluk Office, Trichirappalli District.

3.The Surveyor, Thiruverumbur Taluk Office, Trichirappalli District.

4.The Inspector of Police, Lalagudi Police Station, Trichirappalli District.

5.Sankar 6.Srinivasan 7.Ramesh

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the fourth respondent to provide adequate police protection to the petitioner, his house and at the time of surveying by the second and third respondent situated at Old Survey No.139/3, in New Survey No.247/3 in extent of 454 1⁄2 square feet in west and east side 19 3⁄4 feet and south and north side 23 feet at Nagar Vilage, Lalgudi Taluk, Tiruchirappalli District based on the complaint of the petitioner dated 09.04.2021. For Petitioners : Mr.T.P.Balasubramanian For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate For RR5 to 7 : Mr.V.Karuna 1/3

O R D E R

This petition has been filed to direct the fourth respondent to provide adequate police protection to the petitioner, his house and at the time of surveying by the second and third respondent situated at Old Survey No.139/3, in New Survey No.247/3 in extent of 454 1⁄2 square feet in west and east side 19 3⁄4 feet and south and north side 23 feet at Nagar Vilage, Lalgudi Taluk, Tiruchirappalli District based on the complaint of the petitioner dated 09.04.2021.

2. The learned counsel appearing for the petitioner would submit that the petitioner made arrangements to measure the property. But the private respondents were deliberately making disturbances, when the surveyor came to survey the property. Because of trouble made by the private respondents, the surveyor went back.

3. The learned counsel appearing for the private respondents would submit that they are not making trouble to the petitioner to measure the property. However, the petitioner sent a request to the third respondent who is not competent person to measure the property. Because of the property situated in Lalgudi Taluk, the Surveyor attached to Lalguid Taluk is the competent person to measure the property which is the only objection raised by the private respondents. He would further submit that they will not make any trouble to measure the property.

4. Recording the submission made by the learned counsel appearing for the private respondents, this petition is disposed of with a direction to the petitioner to take steps to measure the property with the help of competent surveyor. If any trouble arises, the surveyor is at liberty to make representation to the fourth respondent herein, who may decide the same, after summoning the persons concerned.

5. With this liberty, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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.

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To 1.The Superintendent of Police, Trichirappalli District, Trichirappalli.

2.The Tahsildar, Thiruverumbur Taluk Office, Trichirappalli District.

3.The Surveyor, Thiruverumbur Taluk Office, Trichirappalli District.

4.The Inspector of Police, Lalagudi Police Station, Trichirappalli District.

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

31.08.2021 RK (07.09.2021) 3P 6C 3/3