M.Selva Kumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU M.Selva Kumar ... Petitioner Vs 1.The Commissioner of Police Tirunelveli City High Ground Road, Palayamkottai Tirunelveli District 2.The Deputy Commissioner of Police Commissioner of Police High Ground Road, Palayamkottai Tirunelveli District 3.The Inspector of Police Junction Police Station Tirunelveli District 4.Krishnaveni ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to provide police protection to the life and limb of the petitioner and to fence the land in T.S.No.1299/1B2 in T.S.Ward -11, Block-18, Udaiyaarpatti Salai Street, Tirunelveli Taluk, Thachanallur Town, Tiurnelveli District, based on the complaint dated 01.12.2020 of the petitioner. For Petitioner : Mr.M.Vinoth Raj For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to provide police protection to the life and limb of the petitioner and to fence the land in T.S.No.1299/1B2 in T.S.Ward -11, Block-18, Udaiyaarpatti Salai Street, Tirunelveli Taluk, Thachanallur Town, Tiurnelveli District, based on the complaint dated 01.12.2020 of the petitioner.

2. The learned counsel for the petitioner would state that the petitioner had purchased 3.3 cents of vacant land in the above mentioned address and he had mutated all the revenue records in his name and he has been in possession of the said property. In 1/3

this circumstances, the fourth respondent, without having any rights, trespassed into the said property and threatened the petitioner, for which, the petitioner made a complaint dated 01.12.2020 to the respondents 2 and 3 seeking police protection to the life and limb of the petitioner and to fence the said land. Though the complaint was received by the respondent police, they have not chosen to provide police protection to the petitioner. Hence, the present petition.

3.The learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, would submit that there was a property dispute between the petitioner and the 4th respondent, for which, the petitioner lodged a complaint dated 01.12.2020. Based on the complaint, enquiry has been initiated in C.S.R.No.528 of 2020, dated 17.12.2020 and it is pending. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.

5. Considering the facts and circumstances of the case, it would be appropriate that the petitioner approach the Revenue Authority for surveying the land and fixing the boundary, by fixing a date, give a representation to the respondent police for police protection. On receipt of the representation, the respondent police shall give opportunity to the adjacent owner and the fourth respondent and give necessary police protection, if necessary.

6.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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. 2/3

To:- 1.The Commissioner of Police Tirunelveli City High Ground Road, Palayamkottai Tirunelveli District 2.The Deputy Commissioner of Police Commissioner of Police High Ground Road, Palayamkottai Tirunelveli District 3.The Inspector of Police Junction Police Station Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to Mr.M.Vinoth Raj , Advocate SR.No.27174 22.12.2020 KM (18.01.2021) 3P 6C 3/3