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Madras High CourtCRL OP(MD)/8069/2022disposed of

M. Selvaganesh v. The Superintendent Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8069 of 2022 M.Selvaganesh

...Petitioner

Vs.

1. The Superintendent of Police Thoothukudi District.

2. The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

3. The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 2nd and 3rd respondents to award adequate police protection for enabling the surveyor to discharge his official function by surveying and demarcating to record the boundaries of the properties situated in Plot No.34, 35, 36, 37, 42 and 43 comprising in New Survey No.590/1A, 590/4A, 590/1B and 590/4B, Shashtri Nagar 1st Street, Kovilpatti, on the basis of the petitioner's representation dated 22.04.2022 as expeditiously as possible within time stipulation as prescribed by this Hon'ble Court.

For Petitioner : R.Anand For Respondents : Mr. R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the second and third respondents to award adequate police protection for enabling the surveyor to discharge his official function by surveying and demarcating to record the boundaries of the properties situated in Plot No.34, 35, 36, 37, 42 and 43 comprising in New Survey No.590/1A, 590/4A, 590/1B and 590/4B, Shashtri Nagar 1st Street, Kovilpatti, on the basis of the petitioner's representation dated 22.04.2022 as expeditiously as possible within time stipulation as prescribed by this Court.

2. The petitioner owned land in Plot No.34,35,36,37,42 and 43 comprising in New Survey No.590/1A, 590/4A, 590/1B and 590/4B, Shashtri Nagar, 1st street, Kovilpatti and he has fenced the property. The new councilor is now attempting to remove the fencing, therefore the petitioner has submitted an application before the second respondent to demarcate and fix boundary stones in his property.

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3. Considering the above facts and circumstances of the case, the Surveyor is directed to survey the land as requested by the petitioner. If the Surveyor feels any hindrance while surveying the land belonging to the petitioner, he can very well seek police protection before the third respondent. If any complaint lodged by the Surveyor while surveying the land seeking police protection, the third respondent is directed to consider the same and pass orders on merits and in accordance with law.

4. With the above observation and direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Thoothukudi District.

2. The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

3. The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court 5.Taluk Head Surveyor, Taluk Office, Kovilpatti, Tuticorin District.

+1 CC to M/s.P.ANAND, Advocate ( SR-22232[F] dated 28/04/2022 ) Crl.O.P.(MD) No.8069 of 2022 28.04.2022 SS/12.05.2022 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/