Madras High CourtCRL OP(MD)/12395/2022disposed of

Velusamy v. The Superintendent Of Police

2022-07-11Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.12395 of 2022 Velusamy ... Petitioner Vs.

1.The State, Represented by, The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

3.The Head Surveyor, Marungapuri, Trichy District.

4.Krishnamurthy 5.Periyaiya @ Manikkam

...Respondents

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Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C directing the first and second respondents to provide adequate police protection for survey and fix the boundaries in Survey No.441/2C situated at Thuvarankurichi Village, Ponnampatti, Marungapuri Taluk, Trichy District by taking into consideration of the petitioner's representation dated 27.04.2022 within a time frame fixed by this Court.

For Petitioner : Mr.M.Pitchai Muthu For R-1 and R-2 : Mr.R.Suresh Kumar, Government Advocate (Criminal Side).

ORDER

This Criminal Original Petition has been filed to direct the first and second respondents to provide adequate police protection for survey and fixing the boundaries in Survey No.441/2C situated at Thuvarankurichi Village, Ponnampatti, Marungapuri Taluk, Trichy District by taking into consideration of the petitioner's representation dated 27.04.2022.

2. The facts of the case are that the land in Survey No.441/2C situated at Thuvarankurichi Village, Ponnampatti, Marungapuri Taluk, Trichy District 2/5

belongs to the petitioner. He is in absolute possession and enjoyment of the said property. The third and fourth respondents are the adjacent land owners of the petitioner. When they encroached the petitioner's land, the petitioner approached the Head Surveyor to survey and fix the boundary of his land. However, the third and fourth respondents prevented the surveyor to do his duty. Having no other way, the petitioner preferred a representation dated 27.04.2022 to the respondent Police seeking for protection. Since, no action was taken, the present Criminal Original Petition has been filed.

3. The learned Government Advocate (Criminal Side) submitted that the respondent Police have received the representation and they are ready to provide protection for surveying the land.

4. Recording the same, this Court directs the second respondent to provide sufficient protection to the petitioner and the Head Surveyor for surveying the land in Survey No.441/2C situated at Thuvarankurichi Village, Ponnampatti, Marungapuri Taluk, Trichy District, by considering the petitioner's representation dated 27.04.2022 and take suitable action on merits as expeditiously as possible.

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

11.07.2022 Index : Yes / No Internet : Yes/ No Nsr To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

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

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V.SIVAGNANAM, J.

Nsr Crl.O.P(MD)No.12395 of 2022 11.07.2022 5/5