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Madras High CourtCRL OP(MD)/15088/2022disposed of

Saravanan v. The Superintendent Of Police

2022-08-24Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Saravanan, : Petitioner Vs State through

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

2. The Inspector of Police, Rajathani Police Station, Theni District.

3. Karuppaiah, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the second respondent to give a police protection for the petitioner's life and limb as well as to survey and to fix the boundary stone and fence the property comprising in survey No. 404/1A1 measuring 80 cents and in survey No. 49/1A measuring 75 cents situated at Aundipatti Bit-1 Village, Aundipatti, Theni District, based on the representation, dated 1/5

13.08.2022 in accordance with law.

For Petitioner : Mr.Susi Kumar.C, For R1 and R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the second respondent to give a police protection for the petitioner's life and limb as well as to survey and to fix the boundary stone and fence the property comprising in survey No. 404/1A1 measuring 80 cents and in survey No. 49/1A measuring 75 cents situated at Aundipatti Bit-1 Village, Aundipatti, Theni District, based on the representation, dated 13.08.2022. 2.The learned Counsel appearing for the petitioner submitted that the petitioner is the owner of the said property. The third respondent is the adjacent owner of the land situated in S.No.404/1A2 and there is a dispute between them. Therefore, the petitioner, with the help of the surveyor, surveyed his land and fixed the boundaries. On that day, the third respondent had not objected for doing so. But on the next day, he trespassed into the petitioner's property and removed the bounded stones. Hence, the petitioner 2/5

gave a representation to the second respondent and also he wants to re-survey the land with the police protection, in order to settle the matter peacefully. 3.The learned Government Advocate (Crl.Side) submitted that based on the petitioner's representation, dated 13.08.2022, CSR.No.353 of 2022 has been assigned.

4.Recording the same, the second respondent is directed to provide necessary police protection for surveying the petitioner's land based on the petitioner's representation, dated 13.08.2022, on merits and in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order.

5.With the above direction, this criminal original petition stands disposed of.

24.08.2022 Internet:Yes Index:Yes/No lr 3/5

To

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

2. The Inspector of Police, Rajathani Police Station, Theni District.

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

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V.SIVAGNANAM, J.

lr 24.08.2022 5/5