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Madras High CourtCRL OP(MD)/10852/2022disposed of

D.Chinnajothi v. The Superintendent Of Police

2022-06-20Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10852 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.10852 of 2022 D.Chinnajothi

...Petitioner

Vs.

1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Vagaikulam Village, Kurivikulam Police Station, Thirvenkadam Police Station, Thiruvenkadam, Thenkasi District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to directing the respondents 1 and 2 to give adequate police protection to the petitioner for fencing his property and protect the life and limb of the petitioner and his family and initiate action against the respondents 3 to 8 based on the complaint of the petitioner, dated 21.05.2022 and 03.06.2022. For Petitioner : Mr. Aayiram K.Selvakumar For Respondents : Mr.R. Sureshkumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed for issuing a direction to the respondents 1 and 2 to give adequate police protection to the petitioner for fencing his property and protect the life and limb of the petitioner and his family and initiate action against the respondents 3 to 8 based on the complaints of the petitioner, dated 21.05.2022 and 03.06.2022.

2. According to the petitioner, he is the owner of the properties mentioned in S.Nos.137/2. 137/6, 137/8, 137/10, 137/5, 137/4, 137/7. In this area, he has obtained licence for taking quarry. The Government also gave licence for taking quarry and the Revenue Department also measured the properties within the Survey Numbers. Under these circumstances, the petitioner make arrangement for forming fencing, it was prevented by the persons viz., R. Rajammal, J. Esther Chellammal, J.Chellammal, J. Augastin, J.Mariadas, A.Anthonyammal. Hence, he seeks police protection. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10852 of 2022

3. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the representations of the petitioner, dated 21.05.2022 and 03.06.2022 pending before the police for enquiry.

4. In view of the said submission, the second respondent is hereby directed to consider the representations of the petitioner dated 21.05.2022 and 03.06.2022 and in the absence of any civil dispute and boundaries of petitioner is clear and surveyed by the surveyor, provide police protection to the petitioner for forming fencing. In the police enquiry, if it is found any civil dispute, the parties are at liberty to approach the Civil Court for appropriate remedy. When the petitioner is forming fencing, the respondents are directed to give police protection on payment of requirement expenses.

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

Sd/- Assistant Registrar (CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) Trp To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Vagaikulam Village, Kurivikulam Police Station, Thirvenkadam Police Station, Thiruvenkadam, Thenkasi District.

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

Crl.O.P.(MD) No.10852 of 2022 20.06.2022 RD(29.06.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2