Madras High CourtCRL OP(MD)/13920/2023disposed of

N.Pandian v. The Inspector Of Police

2023-08-07Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN N.Pandian ... Petitioner Vs 1.The Inspector of Police Silaiman Police Station, Madurai.

2.D.Rajarajan ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the first respondent Police to give adequate protection for life and limb of the petitioner and his men for fencing his property in Survey No. 94/6 measuring an extent of 96 cents covered in Patta No.1619, situated at Viraganoor Village, Madurai South Taluk, Madurai District, by considering the petition of the petitioner in C.S.R.No.482 of 2023 dated 21.07.2023 on the file of the first respondent Police.

For Petitioner : Mr.V.Kathirvelu Senior Counsel for Mr.R.Vel Murugan For R-1 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Criminal Original Petition is filed seeking for a direction to the respondent Police to provide police protection at the time of fencing of his land to the extent of 96 cents.

2. It is submitted by learned Senior counsel appearing for the petitioner that the petitioner has purchased about 96 cents of land in patta No1619, situated at Viraganoor Village, Madurai South Taluk, Madurai District, under registered sale deed, dated 07.10.2022. When dispute arose between the parties in respect of the boundaries, the Revenue Divisional Officer has initiated 145 proceedings in Na.Ka.No.2313/2023/C, dated 14.07.2023 and after enquiry, the Revenue Divisional Officer has closed the case.

3. It is also submitted that basing on the representation made by the petitioner and respondent No.2, the land of the petitioner was surveyed and boundaries were fixed and after the survey, respondent No.2 is not permitting the petitioner to fence his land towards the Eastern side and application is filed before the Police to provide protection, but, there was no response. 2/4

4. Learned Government Advocate (Criminal Side) on the other hand, submits that, during the course of conducting of survey, police protection has been given and accordingly, survey was completed and that respondent No.1 / Police would consider the application and provide protection, if necessary, accordingly, same is recorded.

4. This Criminal Original Petition is, therefore, disposed of, directing respondent No.1 / Police to provide protection suitably for fencing the land of the petitioner as per the proceedings of Revenue Department got concluded by the Surveyor.

07.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Inspector of Police Silaiman Police Station, Madurai.

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

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DR.D.NAGARJUN, J.

tsg 07.08.2023 4/4