Annadurai v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Annadurai ... Petitioner Vs.
1.State represented by The Superintendent of Police Dindigul District Dindigul 2.The Deputy Superintendent of Police Vedasanthur Dindigul District 3.The Inspector of Police Vadamadurai Police Station Dindigul District 4.Manickam
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue order of direction directing the respondents 1 to 3 to give police protection for life and limb of the petitioner, family members and his property during fencing his land based on the representation dated 08.12.2020.
For Petitioner : Mr.S.Muniyandi For Respondents 1 to 3 : Mr.V.Neelakandan Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed to direct the respondents 1 to 3 to give police protection for life and limb of the petitioner, family members and his property during fencing his land based on the representation dated 08.12.2020. 2.The learned counsel for the petitioner would submit that the ancestral property in Survey Nos.1142/2, 1142/10, 1143, 1427/1, 1140/2, 1141/2, 1142/9, 1142/12. 1142/14, 1144/1 and 1142/6 is situated at Padiyur Village, Vedasanthur Taluk, Dindigul District and the same was enjoyed by the petitioner along with his family members without any encumbrance and the petitioner remitted 1/3
all necessary taxes to the Government in his name. In this circumstance, when the petitioner tried to fence his land, the fourth respondent without having any valid reason objected to fence the land. He further submitted that the fourth respondent filed a suit regarding the pathway and the petitioner not at all objected the pathway and he is only fencing the land because the agricultural land was destroyed by cattle during night hours. When the petitioner is trying to fence his land, the fourth respondent threatened the petitioner with dire consequences. Hence, the petitioner made a representation, dated 08.12.2020 to the third respondent for police protection while fencing his land, but no action was taken by the respondent police. Hence, the present petition.
3.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that based on the petitioner's complaint, enquiry has been initiated in CSR.No.541 of 2020, dated 12.12.2020 and it is pending. He further submitted that the respondents 1 to 3 will consider and pass orders on the petitioner's representation dated 08.12.2020 within a time frame. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3.
5.Recording the submission made by the learned Additional Public Prosecutor, without adverting to the merits of the case, respondents 1 to 3 are directed to consider and pass orders on the petitioner's representation dated 08.12.2020, after giving opportunity to the fourth respondent by following the guidelines laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
6.With the above direction, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
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.
To 1.The Superintendent of Police Dindigul District Dindigul 2.The Deputy Superintendent of Police Vedasanthur Dindigul District 3.The Inspector of Police Vadamadurai Police Station Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD]No.15394 of 2020 22.12.2020 KM (18.01.2021) 3P 5C 3/3