Madras High CourtCRL OP(MD)/11436/2021disposed of

C.Yovanthangapandi v. The Superintendent Of Police

2021-09-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11436 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11436 of 2021 C.Yovan Thangapandi ... Petitioner Vs.

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

2.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

3.Kovil Pitchai ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st and 2nd respondents to give police protection for life and limb of the petitioner by considering the petitioner's representation dated 15.03.2021. For Petitioner : Mr.R.Ponkarthikeyan For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This petition is filed seeking police protection for the life and limb of the petitioner, by considering the representation dated 15.03.2021.

2.The case of the petitioner is that his father was having lease hold right in S.Nos.125/2, 124/9C and 125/2, measuring an total extent of 2 acres and 50 cents, situated at Melathidiyur Village, Palayamkottai, Tirunelveli District. Because of the trouble made by the third parties, a suit in O.S.No.290 of 2014 was filed by the father of the petitioner before the learned 1st Additional District Munsif, Tirunelveli. That was decreed in his favour and later he died. Now the petitioner is in possession of the property and the 3rd respondent is making trouble, when the petitioner entered into the property. On that basis, he made a representation dated 15.03.2021 not only for the life of him but also seeking police help for measuring the property.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that the respondents are ready to provide police protection for the purpose of measuring the property, if any trouble is apprehended or experienced by the Revenue Officials at the time of measuring the same.

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Crl.O.P.(MD)No.11436 of 2021 4.However, the relief is only for protecting the life and limb of the petitioner. So, without going into the technicality, let the representation made by this petitioner be considered on merits by the 2nd respondent for extending the police protection for measuring the property also. At the time of measurement, the petitioner must take proper steps with the Revenue Officials. The Surveyor may also undertake the survey strictly in accordance with Section 10 of Tamil Nadu Survey and Boundaries Act, 1923, on summoning all the persons. Depending upon the outcome of the enquiry, if any trouble is apprehended or experienced, the petitioner may give a representation to the 2nd respondent herein, who may consider the same on merits. 5.With the aforesaid directions, this petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.11436 of 2021 22.09.2021 MGJ(01.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2