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Madras High CourtCRL OP(MD)/11367/2023disposed of

Gopal v. The Inspector Of Police

2023-09-22Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.11367 of 2023 Gopal ... Petitioner Vs.

1.The Inspector of Police, Town South Police Station, Dindigul.

2.Petchiyammal 3.Palanichamy 4.The Tamil Nadu Electricity Board, Anna Electricity System, Nagal Nagar, Dindigul - 624 003.

5.The Tahsildar, Dindigul East Taluk, Dindigul.

6.The Head Surveyor, Office of the Tahsildar, Dindigul East Taluk, Dindigul.

..Respondents (R5 and R6 are impleaded as per order of this Court dated 31.07.2023 in Crl.M.P.(MD)No.10528 of 2023 in Crl.O.P.(MD)No.11367 of 2023) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to consider the petitioner's petition dated 27.02.2023 and in CSR No.139 of 2023 and to give Police protection at the time of survey 1/4

and fencing the land in New Town Survey No.56 and old T.S.No.38, Bharathipuram, Nagal Nagar, Block No.53, 6th Ward Dindigul Town based on the judgement and decree in A.S.No.90 of 1994 on the file of Sub Court, Dindigul dated 15.10.1997.

For Petitioner : Mr.S.Balaji For R1 : Mr.SS.Madhavan, Government Advocate (Crl.Side) O RDER This petition is filed seeking for a direction to the 1st respondent to consider the petitioner's petition dated 27.02.2023 in CSR No.139 of 2023 and to give Police protection at the time of survey and fencing the land in New Town Survey No.56 and old T.S.No.38, Bharathipuram, Nagal Nagar, Block No.53, 6th Ward Dindigul Town based on the judgement and decree in A.S.No.90 of 1994 on the file of Sub Court, Dindigul dated 15.10.1997. 2.It is submitted by the learned counsel for the petitioner that the unofficial respondents have been obstructing and not permitting the revenue authorities from conducting survey in the land in question. 3.The learned Government Advocate (Crl.Side) for the 1st respondent submitted that on receipt of the letter from the 5th respondent, if necessary, they will provide protection to the petitioner.

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4.Considering the submissions made on both sides, this Criminal Original Petition is disposed of, directing the respondent Police to consider the representation of the petitioner providing protection to the petitioner at the time of conducting survey only on the request made by the 5th respondent / Tahsildar in writing.

22.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva To

1. The Inspector of Police, Town South Police Station, Dindigul.

2.The Tamil Nadu Electricity Board, Anna Electricity System, Nagal Nagar, Dindigul - 624 003.

3. The Tahsildar, Dindigul East Taluk, Dindigul.

4. The Head Surveyor, Office of the Tahsildar, Dindigul East Taluk, Dindigul.

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

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DR.D.NAGARJUN. J.

Yuva Crl.O.P.(MD) No.11367 of 2023 22.09.2023 4/4