Madras High CourtCRL OP(MD)/8464/2021disposed of

S.Aravinth v. The Superintendent Of Police

2022-02-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD) No.8464 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.8464 of 2021 S.Aravinth ... Petitioner Vs.

1.The Superintendent of Police, O/o.Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Kabisthalam Police Station, Kabisthalam, Thanjavur District.

3.S.Mathiyazhagan

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first and second respondents to provide adequate police protection for surveying and to measure the property situated in Old Survey Nos.47/19 and 38/4, New Survey No.47/19A to an extent of 0-5.10 Ares (12 cents) situated at Dhevanodai Village, Papanasam Taluk, Tanjore District based on the representations made by the petitioner dated 27.05.2020 and 24.04.2021 in accordance with law.

For Petitioner : Mr.R.Rajesh Kumar For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor For R3 : Mr.S.Gomathi Sankar

ORDER

This petition has been filed seeking a direction to direct the first and second respondents to provide adequate police protection for surveying and to measure the property situated in Old Survey Nos.47/19 and 38/4, New Survey No.47/19A to an extent of 0-5.10 Ares (12 cents) situated at Dhevanodai Village, Papanasam Taluk, Tanjore District based on the representations made by the petitioner dated 27.05.2020 and 24.04.2021 in accordance with law. 2.The petitioner made an application before the Revenue Authority to survey the subject land on payment of requisite fee. When the Surveyor came to the said land, the third respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD) No.8464 of 2021 objected and not allowed the Revenue Authority to survey the land. Therefore, the petitioner lodged a complaint seeking police protection on the strength of the decree passed in O.S.No.232 of 1995. Till date, no action was taken by the respondent police. 3.Considering the 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 second respondent. If any complaint lodged by the Surveyor while surveying the land seeking police protection, the second respondent is directed to consider the same and pass orders on merits and in accordance with law, after conducting enquiry with the third respondent.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) cp To:

1.The Superintendent of Police, O/o.Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Kabisthalam Police Station, Kabisthalam, Thanjavur District.

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

+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-4690[F] dated 08/02/2022 ) +1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-5468[F] dated 10/02/2022 ) Crl.O.P.(MD)No.8464 of 2021 08.02.2022 MGJ(28.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2