Madras High CourtCRL OP(MD)/15178/2020disposed of

K.Mylambal v. The Superintendent Of Police

2020-12-22Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU K.Mylambal ... Petitioner Vs

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Inspector of Police Tamil University Police Station Thanjavur District

3. Pakkirisamy ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents to provide adequate police protection to the petitioner to enter into her vacant land situated in Nanjikottai Village, Thanjavur in Patta No.8872 and R.S.No.165/5A admeasuring 3355 Square feet for the purpose of fencing her land by considering the petitioner's representation dated 20.11.2020. For Petitioner : Ms.P.Yasmin Begum For R1& R2 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents to provide adequate police protection to the petitioner to enter into her vacant land situated in Nanjikottai Village, Thanjavur in Patta No.8872 and R.S.No.165/5A admeasuring 3355 Square feet for the purpose of fencing her land by considering the petitioner's representation dated 20.11.2020. 2.The learned counsel for the petitioner would submit that the land situated in Patta No.8872 and R.S.No.165/5A admeasuring 3355 sq.ft area originally belongs to the husband of the petitioner 1/3

namely V.Karuppaiyan and thereafter, he transferred the ownership and possession of the property to the petitioner vide Doc.No.4507/2019 dated 28.08.2019. In this circumstance, on 06.08.2020 while the petitioner went to her land for making arrangement for fencing the land, she came to see that the third respondent has illegally placed a hut in the said land. When the petitioner and her husband asked the third respondent to remove the hut from their land, he threatened them with dire consequences, for which, the petitioner has lodged a complaint dated 07.08.2020 before the second respondent police. But, no action has been taken. The learned counsel further submitted that again the petitioner made a fresh complaint on 12.10.

2020 before the respondent police to take action against the third respondent, but, the third respondent has not removed the hut which was placed by him illegally. Apart from the above complaints, the petitioner has sent a representation dated 20.11.2020 for providing adequate police protection to her for entering the land and for fencing the said vacant land. The grievance of the petitioner is that till date, the respondent police has not taken any action on her representation. Hence, the present petition 3.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the shed which was illegally placed in the petitioner's land has been removed. 4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

5. Recording the submission of the learned Additional Public Prosecutor that the shed put up illegally has been removed, the petitioner shall approach the Revenue Authority concerned for fencing her land by paying appropriate fee and thereafter, give a representation to the respondent police seeking police protection, if necessary and if such representation is received, the respondents/police shall consider the same and take appropriate action in the manner known to law.

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 2/3

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 Thanjavur District Thanjavur

2. The Inspector of Police Tamil University Police Station Thanjavur District

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

22.12.2020 SS(CO) CS(20.01.2021) 3P 4C 3/3