Pandiarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10471 of 2022 Pandiarajan ... Petitioner Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Nilakkottai, Dindigul District.

3.State, through, The Inspector of Police, Batlagundu Police Station, Dindigul District.

4.Selvin Francis 5.R.Sumathi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 3 to provide adequate police protection to the petitioner's life and limb and to fence the petitioner's properties based on the petitioner's representation dated 31.05.2022. 1/5

For Petitioner : Mr.C.Ezhilarasu For Respondents : Mr.R.Suresh Kumar 1 to 3 Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the respondents 1 and 3 to provide adequate police protection to the petitioner's life and limb and to fence the petitioner's properties, based on the petitioner's representation, dated 31.05.2022.

2. The petitioner is the owner of the property comprising in Survey No.1098/2A2 with an extent of 1 Ares and 34 cents situated at Sevuganpatti Village, Nilakkottai Taluk, Dindigul District and the patta also stands in his wife name and the fifth respondent is the adjacent land owner. In order to found out any encroachment, the petitioner come forward to survey the land. Thereafter, the land was surveyed with the help of the revenue authorities and at that time, police protection was also provided. The revenue authorities gave a survey report stating that the fifth respondent had encroached the petitioner's properties to an extent of 30 sq.ft. Therefore, the petitioner tried to put up the fencing to his land and the same was objected by the private respondents. Hence, this present petition has been filed to provide adequate police protection.

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3. The learned Government Advocate(Crl.side) Submitted that the respondents 1 to 3 are ready to provide adequate police protection based upon the representation given by the petitioner dated 31.05.2022.

4. On perusal of records, it shows that the petitioner is the owner of the property and he tried to put up the fence, at that time the private respondent /fifth respondent objected the same. Thereafter, the petitioner surveyed the land with the help of the revenue authorities and gave a report to that effect, it also shows that the that the fifth respondent had encroached the petitioner's properties to an extent of 30 sq.ft. In order to avoid further dispute, the petitioner has filed this petition for seeking police protection to survey the land.

5. Considering the facts and the circumstance of this case, the third respondent is directed to give adequate police protection to the petitioner, based on the petitioner's representation, dated 31.05.2022 in order to enable the petitioner to form fence in his own property. 3/5

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

14.06.2022 Internet:Yes./No Index:Yes/no tta To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Nilakkottai, Dindigul District.

3.State, through, The Inspector of Police, Batlagundu Police Station, Dindigul District.

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

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V.SIVAGNANAM, J.

tta ORDER IN CRL.O.P (MD) No.10471 of 2022 14.06.2022 5/5