C.Veeramani Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI C.Veeramani Kumar ... Petitioner Vs.

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

2.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to provide necessary police protection to the petitioner based on his representation dated 07.03.2024.

For Petitioner : Mr.Chamundi Bose For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side) 1/4

O R D E R

This petitioner has been filed this petition seeking a direction to the respondents to provide necessary police protection to the petitioner based on his representation dated 07.03.2024.

2.The petitioner has earlier filed an application in W.P.(MD)No. 1423 of 2023 before this Court seeking a direction to the Surveyor, Paramakudi to survey the land by considering his representation dated 09.11.2023. This Court while disposing of the writ petition has passed the following order:

"....5.It is seen from the materials on record that the revenue records are in the name of the petitioner. Considering the limited scope of the prayer, the second respondent is directed to conduct survey after scrutinizing the application submitted by the petitioner and based on the relevant documents such as patta. The second respondent will have to issue notice to the petitioner as well as adjacent land owners before conducting survey and further hold enquiry. During enquiry, objection can be received from the adjacent land owners. If the objections are without any basis, they can be rejected in toto. If the second respondent finds the objections are having substance, he shall relegate the petitioner to move the jurisdictional Civil Court. If there is any law and order problem, the second respondent can seek the aid of the jurisdictional police for 2/4

conducting survey. The petitioner will have to remove prosopis juliflora trees and bushes in the said land. Survey will be conducted within a period six weeks after service of notice on the adjacent land owners. After conducting survey, survey stones alone can be installed."

3.By referring to this order passed in W.P.(MD)No.1423 of 2024, dated 24.01.2024, now the petitioner has given a representation to the respondent police to clean the land in S.Nos.15 and 16. Without ascertaining the title of the property, no such directions can be issued. The petitioner has also obtained the earlier order without impleading the private person as a party to the petition. This petition is also filed without adding the private person, who is raising objections. 4.This petitions is dismissed with liberty to the petitioner to file a fresh petition.

18.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes sji 3/4

B.PUGALENDHI,J sji To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

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

Order made in 18.06.2024 4/4