Selvaraj v. The Superintendent Of Police

Crl.O.P(MD)No.7308 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Crl.O.P(MD)No.7308 of 2021 Selvaraj ... Petitioner Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

3.The Head Surveyor, Department of Land Survey, Vedasanthur Taluk, Dindigul District.

4.Aandi 5.Selvam 6.Mookan 7.Aandisamy ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 1st and 2nd respondents to give adequate police protection at the time of survey the petitioner's land by the 3rd respondent.

For Petitioner : Mr.M.Vigneshkumar For R1 and R2 : Mr.M.Muthumanikkam, Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondents to give adequate police protection at the time of survey the petitioner's land by the 3rd respondent. 2.The learned counsel for the petitioner would submit that the petitioner filed a suit against the respondents 4 to 7 seeking declaration and the same was decreed in favour of the petitioner and the permanent injunction also granted against the respondents 4 to 7 as not to interfere the peaceful possession and enjoyment of the property of the petitioner. Against the order, the respondents 4 to 7 filed an appeal and the appeal was dismissed. Hence, the respondents 4 to 7 threatened the petitioner to leave the possession from the property and also took illegal action to acquire the said property by using Goondas and other ways.

Now, the petitioner needs to survey his land through surveyor, for that purpose, he also paid the necessary fees to the third respondent to survey his land, but the respondents 4 to 7 gave continuous threat and hindrance at the time of survey the land by the third respondent. Hence, the petitioner made a complaint dated 24.04.2021 before the second respondent. Since the respondent police have not taken any action, https://hcservices.ecourts.gov.

Crl.O.P(MD)No.7308 of 2021 the petitioner is before this Court seeking police protection. 3.The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2, on instructions, would submit that the representation of the petitioner, dated 24.04.2021 will be considered by the respondents 1 and 2.

4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents 1 and 2. 5.Considering the facts and circumstances of the case, the respondent police are directed to consider the representation of the petitioner, dated 24.04.2021 by following the due process of law, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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, Dindigul District, Dindigul.

2.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

3.The Head Surveyor, Department of Land Survey, Vedasandhur Taluk, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.7308 of 2021 04.06.2021 KK(16.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2