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Madras High CourtCRL OP(MD)/14738/2020disposed of

D.Samidurai v. The Superintendent Of Police

2020-12-15Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU D.Samidurai ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

3.The Inspector of Police, Keeramangalam Police Station, Pudukottai District.

4.Balu @ Muthusamy 5.Balasubramanian 6.Chellasamy 7.Chelladurai . .. Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to give a police protection for the petitioner's life and limb as well as to survey the property and to fix a boundaries stone in survey No.153/1A situated at Keeramangalam North Village, Alangudi Taluk, Pudukottai District on the basis of his representation dated 01.12.2020.

For Petitioner : Mr.C.Susi Kumar For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to direct the second respondent to give a police protection for the petitioner's life and limb as well as to survey the property and to fix a boundaries stone in survey No.153/1A situated at Keeramangalam North Village, Alangudi Taluk, Pudukottai District on the basis of his representation dated 01.12.2020.

2.The learned counsel for the petitioner would submit that the petitioner is the absolute owner of the property in Survey No.153/1A measuring 0.98.00 hectors situated at Keeramangalam North Village, 1/3

Alangudi Taluk, Pudukottai District. The respondent Nos.4 to 7, who are the adjacent land owners have created enmity with regard to the boundaries of the petitioner's property. Hence, the petitioner decided to fence the property and also paid requisite fee for surveying the property. Since no action has been taken, the petitioner filed a Writ Petition before this Court in W.P.(MD) No.12927 of 2020 and obtained a positive order. But while executing the same, the respondent Nos. 4 to 7 have restrained the revenue officials to survey the land and made life threat to the petitioner. Hence, the petitioner has made a representation dated 01.12.2020 to the respondent Nos.1 to 3, seeking police protection to survey his property.

So far no action has been taken by them, the petitioner is before this Court, with the present Criminal Original Petition. 3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that the complaint of the petitioner has been received by the respondent police and CSR No.453 of 2020 has been assigned on 12.12.2020 and the enquiry is pending.

4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3. Since no adverse order is going to be passed, notice to the respondents 4 to 7 is dispensed with.

5.Admittedly, the petitioner herein obtained an order for surveying his property in W.P.(MD)No.12927 of 2020. As the Revenue Officials were not allowed to survey the property, the petitioner has come forward before this Court seeking police protection. Considering the facts and circumstances of the case, the petitioner shall fix the date for survey by the Revenue Officials and the Revenue Officials, on notice to the adjacent owners, shall survey the land in dispute. After fixing the date for survey by the Revenue Officials, the petitioner shall give a representation to the respondent/police, and the respondent/police shall give protection while surveying the land by the Revenue Officials. 6.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

gns 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, Pudukottai District.

2.The Deputy Superintendent of Police, Alangudi, Pudukottai District.

3.The Inspector of Police, Keeramangalam Police Station, Pudukottai District.

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

SS (CO) NR (19/01/2020) 3P : 5C 3/3