Madras High CourtCRL OP(MD)/10888/2020disposed of

J.Thulasidharan v. The Superintendent Of Police

2020-10-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10888 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.10888 of 2020 J.Thulasidharan ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Palani Taluk Police Station, Palani Taluk, Dindigul District.

3.K.Marimuthu ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 herein to provide adequate police protection to the life and limb of the petitioner and his employees and the property comprised in S.No.285/2 situated at Balasamuthiram Village, Palani Taluk, Dindigul District on the basis of the complaint given by the petitioner's employees dated 04.09.2020.

For Petitioners : Mr.C.Gangai Amaran For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 : Mr.V.Adithya Vijayarayan

ORDER

Heard the learned counsel on either side.

2.The petitioner alleges that the third respondent is attempting to encroach the petition mentioned property. The petitioner, therefore, wants providing of adequate police protection. It appears that there is no dispute in Survey No.285/2 of Balasamuthiram Village belongs to the petitioner. However, there is some dispute regarding location of scarred https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10888 of 2020 stones in Survey No.285/3. Only a proper survey is likely to yield a solution.

3.Therefore, the second respondent is directed to coordinate with the jurisdictional Tahsildar. The jurisdictional Tahsildar, though not a party in this petition, is directed to ensure that the survey exercise is carried out at the earliest. This direction is issued in order to ensure peace prevails in the locality. If they are still aggrieved by the outcome of the survey exercise, it is always open to the respective parties to move the jurisdictional Civil Court for relief.

4.The learned counsel appearing for R3 categorically states that the petitioner will not suffer any harm on their account. 5.With this direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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 Tahsildar, Palani Taluk, Dindigul District. 2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District. 3.The Inspector of Police, Palani Taluk Police Station, Palani Taluk,Dindigul District.

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

Crl.O.P(MD)No.10888 of 2020 06.10.2020 sss(CO) TR(20.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2