Palani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Palani

...Petitioner

Vs.

1.The Superintendent of Police, Ramanathapuram District.

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

3.Veluchamy 4.Neethithevan 5.Ganesan 6.Udhayakumar 7.Kannan 8.Rajasekar 10.Thangavel 11.Bagampriyal 12.Ananthi 13.Mani

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent Nos.1 & 2 herein to provide adequate police protection for conducting survey and fencing the petitioner's land comprised in Sur.Nos. 399/1A & 399/4B admeasures to an extent of 3 Acre and 71 Cents situated at 1/5

Achankulam Village, Kamuthi Taluk, Ramanathapuram District from the hands of respondent Nos.3 to 13 on the basis of the complaint, dated 25.01.2022 and 18.06.2022.

For Petitioner : Mr.G.Vishnuram For R1 - R2 : Mr.R.Sureshkumar Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the respondent Nos.1 & 2 herein to provide adequate police protection for surveying and fencing the petitioner's land comprised in Survey.Nos.399/1A & 399/4B admeasures to an extent of 3 Acre and 71 Cents situated at Achankulam Village, Kamuthi Taluk, Ramanathapuram District from the hands of respondent Nos.3 to 13 on the basis of the complaint, dated 25.01.2022 and 18.06.2022.

2.The learned counsel appearing for the petitioner submitted that the petitioner is having agricultural land in Survey No.399/1A & 399/4B situated at Achankulam Village, Kamuthi Taluk, Ramanathapuram District. The respondents 3 to 13 frequently caused hindrance to the peaceful possession and enjoyment. Therefore, the petitioner decided to fence the land after conducting proper survey, for which on 22.01.2022, the Revenue Authorities have visited the land and proceeded to conduct survey. At that time, the respondents 3 to 13 2/5

have unlawfully assembled with deadly weapons and restrained the surveyor from conducting survey. Therefore, the petitioner gave a representation before the respondent police to provide adequate police protection for surveying and fencing the petitioner's land. But the respondent police has not provided any police protection. Hence, he filed this petition. 3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the complaint given by the petitioner has already been enquired by the respondent police and the same has been closed. Now, the petitioner seeks to provide police protection only to survey the aforesaid land and the representation of the petitioner in this regard will be considered by the respondent police.

4.Recording the said submission made by the learned Government Advocate (Crl.side), since the petitioner's earlier complaint has been closed, the petitioner shall give a fresh representation before the second respondent with regard to provide police protection for surveying the land and the second respondent is hereby directed to consider the same on merits as expeditiously as possible.

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5.With the above direction, this Criminal Original Petition is disposed of. 18.07.2022 Index : Yes / No Internet : Yes/ No vsd To 1.The Superintendent of Police, Ramanathapuram District.

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

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

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V.SIVAGNANAM, J.

vsd 18.07.2022 5/5