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Madras High CourtCRL OP(MD)/7625/2016disposed of

S.Augustin v. The Deputy Superintendent

2016-06-10Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA Crl.O.P.(MD) No.7625 of 2016 S.Augustin ... Petitioner -vs1.

The Deputy Superintendent of Police, Oratha Nadu, Thanjavur District, Thanjavur.

2.

The Inspector of Police, G-9, Orathanadu Police Station, Thanjavur District.

3.

Kalian @ Kaliaperumal 4.

A.Thiruchelvan 5.

Vellaippan 6.

Rajendran 7.

Karunakaran ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to award adequate police protection to the petitioner and enabling the petitioner to go up with fencing the land in S.No.214/1B, 2B Murthyambalpuram, Panayamkottai, Orathanadu, Thanjavur District in the light of the proceedings in Na.Ka.86029/2010/A2 dated 14.01.2011 passed by the District Collector, Thanjavur by considering the petitioner's representation dated 07.04.2016.

For Petitioner :

Mr.A.Sivasubramanian For R1 & R2 :

Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed, seeking to direct the 1st respondent to award adequate police protection to the petitioner and enabling the petitioner to go up with fencing the land in S.No.214/1B, 2B Murthyambalpuram, Panayamkottai, Orathanadu, Thanjavur District in the light of the proceedings in Na.Ka.86029/2010/A2 dated 14.01.2011 passed by the District https://hcservices.ecourts.gov.in/hcservices/

Collector, Thanjavur by considering the petitioner's representation dated 07.04.2016.

2. It is submitted by the learned counsel for the petitioner that despite the order dated 13.05.2016 passed in I.A.No.3 of 2016 in O.S.No.3 of 2016 by the Principal District Court Vacation Judge, Thanjavur, granting ad-interim injunction, restraining the respondents from interfering with the petitioner's peaceful possession and enjoyment of the suit properties, the petitioner is unable to fence the property, pursuant to the interruption by the respondents 3 to 7 herein. Therefore, the petitioner has approached this Court seeking police protection for fencing the land in S.No.214/1B, 2B Murthyambalpuram, Panayamkottai, Orathanadu, Thanjavur District.

3. It is true that the petitioner has got the benefit of interim order granted by the Civil Court. Therefore, this Court directs the 2nd respondent to provide adequate Police protection to the petitioner for one day on any date agreeable to both the parties, enabling the petitioner for fencing the land in S.No.214/1B, 2B Murthyambalpuram, Panayamkottai, Orathanadu, Thanjavur District in the light of the proceedings in Na.Ka.86029/2010/A2 dated 14.01.2011 passed by the District Collector, Thanjavur.

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

Sd/ Assistant Registrar/ /True copy/ Sub Assistant Registrar To:

1.

The Deputy Superintendent of Police, Oratha Nadu,Thanjavur District, Thanjavur.

2.

The Inspector of Police, G-9, Orathanadu Police Station, Thanjavur District.

3.

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to: The District Collector, Thanjavur.

+1cc to Mr.A.Sivasubramanian, Advocate in SR.No.29495 SDR/NGM-MP/30.06.2016/2P/6C Crl.O.P.(MD) No.7625 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 10.06.2016