Pannerselvam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Paneerselvam ... Petitioner Vs.

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

2.The Inspector of Police, Orathanadu Police Station, (In-Charge), Thiruvonam Police Station, Thanjavur District.

3.Mohammed Kani ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police to given adequate police protection to the petitioner's life and limb and to survey the petitioner's land for fencing in S.No.50/1, an extent of 5 cents, situate at Ananthagopalapuram South Village, Pattukkottai Taluk, Thanjavur District.

For Petitioner : Mr.S.Deenadhayalan For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the second respondent police to given adequate police protection to the petitioner's life and limb and to survey the petitioner's land for fencing in S.No.50/1, an extent of 5 cents, situate at Ananthagopalapuram South Village, Pattukkottai Taluk, Thanjavur District.

2.The learned counsel appearing for the petitioner would submit that the above said property was purchased by the petitioner on 10.12.2020 through proper sale deed. Ever since, he is in possession of the property. When he made an attempt to measure the property, the neighbour who is the third respondent herein is making trouble. So, he made representation.

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3.The learned Additional Public Prosecutor would submit that the Tahsildar, Pattukottai is directed the Taluk Surveyor to measure the property and the Taluk Surveyor visited the property. At that time, the third respondent made trouble, due to which, he could not complete the work. It also appears that the representation made by the petitioner is stated to be pending. But, the learned Additional Public Prosecutor would submit that the representation is not yet received by the respondent police.

4.It is seen that the receipt pertaining to the representation sent by the petitioner is enclosed. Hence, there shall be a direction to the Taluk Surveyor, Pattukottai to undertake the survey of the land as per Section 10 of Tamil Nadu Survey and Boundaries Act, by summoning the petitioner as well as the third respondent herein and depending upon the outcome of the enquiry, he may undertake the survey and if any trouble arise, he may approach the second respondent, seeking police protection and if such representation is made, the second respondent may consider the same and give police protection. Such exercise shall be completed within a period of one month from the date of receipt of a copy of this order. In the meantime, the representation sent by the petitioner may also be taken by the respondent police along with the representation of the Taluk Surveyor, Pattukottai. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Orathanadu Police Station, (In-Charge), Thiruvonam Police Station, Thanjavur District.

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3.The Tahsildar, Pattukottai.

4.The Taluk Surveyor, Pattukottai.

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

+1 CC to M/s.S.DEENADHAYALAN, Advocate (SR-31637[F] dated 07/10/2021) 06.10.2021 PS(CO) GC/UV(02.11.2021) 3P 7C 3/3