Madras High CourtCRL OP(MD)/17025/2018disposed of

R.Ponnuthevar v. The Superintendent Of Police

2018-09-25Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17025 of 2018 R.Ponnuthevar ... Petitioner Vs.

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

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

3. Ramar ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction by directing the second respondent to give adequate police protection to the petitioner to survey the land and laid the boundary stones in the petitioner's property situated in Survey No.160/46 to an extent of 00100 Hectare, Patta No.165 situated in T.Veppangulam Village, Kadaladi Taluk, Ramanathapuram District based on the petitioner's representation on 28.06.2018.

For Petitioner : Mr.A.Arputharaj For R-1 and R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking for police protection to the petitioner in order to enable the Tahsildar to conduct the survey in the property belonging to the petitioner and to lay the boundary stones.

2.The learned counsel for the petitioner would submit that the petitioner has already paid the necessary charges to the Tahsildar and the Tahsildar came to the site and the same has been resisted by the third respondent.

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3.The Tahsildar may be permitted to do his duty by conducting the survey and lay the boundary stones in accordance with the title deed possessed by the petitioner. If the third respondent has any objection, he has to move before the appropriate Court against the petitioner. Without doing so, the third respondent cannot prevent the Thasildar, from performing his official duty. 4.The second respondent is directed to consider the representation made by the petitioner and if necessary to provide police protection at the time when the Tahsildar visits the property to conduct the survey and lay the boundary stones.

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

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar (CS-IV) To

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

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

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

+ 1 CC TO Mr.S.SABBANI KARPURA JOTHI, ADVOCATE IN SR No. 86365 CP TE/RSK/SAR-4 : 29/10/2018 : 2P/5C Crl.O.P.(MD)No.17025 of 2018 25.09.2018 https://hcservices.ecourts.gov.in/hcservices/