P.Periyakaruppan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P(MD)No.12420 of 2022 P.Periyakaruppan ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Theni District.

4.Sekar

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C directing the third Respondent to give a Police protection for the petitioner's life and limb as well as to survey and to fix the boundary stone and fence the property comprising in Survey No.119/2B, 115/1C and 117/3C measuring 4 acres 12 cents situated at Devathanapatti Village, Periyakulam Taluk, Theni District based on the representation dated 22.06.2022 in accordance with law. 1/6

For Petitioner : Mr.C.Susi Kumar For R-1, R-2 and R-3 : Mr.R.Suresh Kumar, Government Advocate (Criminal Side).

ORDER

This Criminal Original Petition has been filed to direct the third Respondent to give a Police protection for the petitioner's life and limb as well as to survey and to fix the boundary stone and fence the property comprising in Survey No.119/2B, 115/1C and 117/3C measuring 4 acres 12 cents situated at Devathanapatti Village, Periyakulam Taluk, Theni District by considering the petitioner's representation dated 22.06.2022.

2. The facts of the case are that the land in Survey No.119/2B, 115/1C and 117/3C measuring 4 acres 12 cents situated at Devathanapatti Village, Periyakulam Taluk, Theni District belongs to the petitioner. He purchased the property through registered sale deed. He is doing agriculture in the aforesaid property. From the date of purchasing, the petitioner is in absolute possession and enjoyment of the said property. The fourth respondent is the adjacent land 2/6

owner of the petitioner. He occupied the petitioner's land to some extent. Due to the encroachment of the fourth respondent, there was a dispute between the petitioner and the third respondent. In this regard, the petitioner approached the Government Surveyor to survey and fix the boundary of his land. The Surveyor also survey the land and fixed the boundaries of the petitioner's property. But the fourth respondent again entered quarrel with the petitioner. In such circumstances, the petitioner again approached the Surveyor to survey his land once again. The Surveyor has to necessarily measure the surrounding properties to find out the extent and fix the boundaries. But, the fourth respondent prevented the surveyor from measuring the land. Having no other way, the petitioner preferred a representation dated 22.06.2022 to the respondents 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 respondents Police have received the representation and the enquiry is being conducted and they are ready to provide protection for surveying the land. 3/6

4. Recording the same, this Court directs the third respondent to provide sufficient protection by considering the petitioner's representation dated 22.06.2022 and take suitable action on merits within a period of three (3) weeks from the date of receipt of a copy of this order.

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

11.07.2022 Index : Yes / No Internet : Yes/ No Nsr 4/6

To 1.The Superintendent of Police, Theni, Theni District.

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Theni District.

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

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V.SIVAGNANAM, J.

Nsr Crl.O.P(MD)No.12420 of 2022 11.07.2022 6/6