Sundarraj v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Sundarraj ... Petitioner Vs 1.The Superintendent of Police, Trichy.
2.The Inspector of Police, Thiruvarumbur Police Station, Trichy District.
3.Ravipillai 4.Saroja 5.Senthilkumar 6.Natarajan 7.Tamilkumaran ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 1st and 2nd respondents to give suitable police protection to the petitioner to survey the petitioner's land in Pappakurichi Village, S.F.No.1/13D, measuring 48 1⁄4 cents. For Petitioner : Mr.S.Muthukrishnan For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct to direct the 1st and 2nd respondents to give suitable police protection to the petitioner to survey the petitioner's land in Pappakurichi Village, S.F.No.1/13D, measuring 48 1⁄4 cents.
2. The learned counsel for the petitioner would submit that the petitioner has purchased the land in Pappakurichi Village, S.F.No.1/13D in Patta no.208, measuring 48 1⁄4 cents of land from Maruthamuthu, son of Ramasamy on 22.05.2018, through a registered sale deed. After purchase of the land, the petitioner wanted to survey the land for fixing boundry, to avoid any dispute with the adjacent land owners. So, the petitioner submitted an application to the concerned Tahsildar for surveying his property. The survey was proposed to be conducted on 14.09.2020 and notice to the respondent Nos.3 to 7 also sent to that effect. In the meantime, the petitioner submitted a petition to the second respondent to give police protection in order to avoid any untoward incidents. On 14.09.2020, when the concerned surveyor came for surveying the petitioner's property, the respondents 3 to 7, who are the adjacent land owners to the petitioner's property caused disturbance to survey the land. 1/3
Hence, the petitioner has come up with this Criminal Original Petition seeking police protection.
3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2, on instructions, would submit that the representation given by the petitioner has been received and CSR No.931 of 2020 has also been assigned on 21.11.2020 and the enquiry is pending. Further, the learned Additional Public Prosecutor would submit that the police is ready to give police protection to the petitioner, if necessary.
4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 & 2.
5.Considering the submission made on either side, the respondents 1 & 2 are directed to consider the representation of the petitioner, dated 12.09.2020, within a period of four weeks from the date of receipt of a copy of this order and give police protection to the petitioner, if necessary. If it is found that police protection is not necessary, the same shall be communicated to the petitioner so that he can work out his rights in the manner known to law.
6.With the above direction, this criminal original petition is disposed of.
Sd/- Assistant Registrar (CS I) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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, Trichy.
2/3
2.The Inspector of Police, Thiruvarumbur Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
24.11.2020 MA(CO) KK(03.12.2020) 3 P 4C 3/3