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Madras High CourtCRL OP(MD)/14167/2021disposed of

Saranya v. The Superintendent Of Police

2021-09-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Saranya

...Petitioner

Vs.

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

2. The State Represented by The Inspector of Police, Malaiyur Police Station, Pudukkotai District.

3. Ramakrishnan

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the 2nd Respondent to provide police protection for measuring the Petitioner's land in Survey No.339/2, Patta No.426 measuring to extent an of 0.0378 Ares, situated at Ponnan Viduthi, Karambakudi Taluk, Pudukottai District by considering the Petitioner's representation dated 07.09.2021. For Petitioner : M/s.A.Banumathy For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction to the 2nd respondent to provide police protection for measuring the property, on the basis of the representation dated 07.09.2021. 2.The case of the petitioner is that she is the owner of the property in S.No.339/2, Patta No.426, measuring an extent of 0.0378 ares, situated at Ponnan Viduthi, Karambakudi Taluk, Pudukottai District. The property devolved through her mother. The petitioner has taken steps to measure the property and applied for survey also on 11.08.2021. When the Revenue Officials came to the property for measuring the same, the 3rd respondent herein has given trouble. So, the representation was made by the petitioner on 07.09.2021 seeking police help.

3.The learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that the representation made by 1/3

this petitioner was closed observing that if any requisition is made by the Tahsildar or Revenue Officials, that will be considered on merits. Since the petitioner has not approached the Surveyor or Revenue Official for measuring the property, this petition is disposed of with the following directions:- i) The Surveyor attached to Karambakudi Taluk, Pudukkottai District is directed to measure the property by strictly following the procedures under Section 10 of the Tamil Nadu Survey and Boundaries Act, 1923, by giving proper notice to the petitioner, 3rd respondent as well as other persons, who are interested. ii) Based upon the enquiry, if any trouble is apprehended by the 3rd respondent or others, the petitioner may give a representation to the 2nd respondent herein, who in turn, shall consider the same on merits.

iii) The aforesaid exercise shall be completed within a month from the date of receipt of a copy of this order. iv) The petitioner herein may take all steps as per law for surveying the land.

Sd/- Assistant Registrar (Crl side) // 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, Pudukottai District, Pudukottai.

2. The Inspector of Police, Malaiyur Police Station, Pudukkotai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3

4.The Surveyor, Karambakudi Taluk, Pudukkottai District.

Crl.O.P.(MD)No.14167 of 2021 23.09.2021 RK (05.10.2021) 3P 5C 3/3