Madras High CourtCRL OP(MD)/9417/2021allowed

Murugesan P v. The Superintendent Of Police

2021-11-29Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.9417 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.9417 of 2021 P.Murugesan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai Diastrict.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

3.Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

... Respondents (R3 suo Muto impleaded as per order of this hon'ble Court dated 22.11.2021 in CRL OP(MD).9417 of 2021) Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents 1 and 2 herein to consider the representation of the petitioner dated 07.07.2021 and provide adequate police protection to the life and limb of the petitioner and also his own patta property in accordance with law. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for directing the respondent police to consider his representation dated 07.07.2021 for according adequate police protection.

2. The case of the petitioner is that he is the absolute owner of the property comprised in Survey Nos.411/2, 411/2A and 411/3 situated at Thoothur Village, Ponnamaravathi Taluk, Pudukkottai District. His specific contention is that on the patta land belonging to the petitioner, some persons belonging to Velalar community are threatening to use it as a burial ground. When the matter was listed on the last occasion,this Court suo motu impleaded the Tahsildar of Ponnamaravathi Taluk and asked him to file report as whether the aforesaid Survey Numbers have been classified as https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.9417 of 2021 burial ground. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the aforesaid Survey Numbers belong to the Thyagarajan Chettiyar and the petitioner herein in the village accounts. Even according to the official respondents, the aforesaid petition mentioned lands have not been classified as a burial ground. Therefore, it is the duty of the authorities to ensure that the patta lands belonging to the petitioner are not used as a burial ground. Appropriate police protection shall be granted to the petitioner in this regard. This Criminal Original Petition is allowed accordingly. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm 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, Office of the Superintendent of Police, Pudukkottai Diastrict.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

3.Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

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

Crl O.P.(MD)No.9417 of 2021 29.11.2021 nsn(CO) TR(08.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2