Madras High CourtCRL OP(MD)/16040/2022disposed of

Mahalingam v. The Superintendent Of Police

2022-09-19Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16040 of 2022 Mahalingam

...Petitioner

1. The Superintendent of Police Madurai District, Madurai

2. The Deputy Superintendent of Police Thiruparangkundram Madurai District

3. The Inspector of Police Austinpatti Police Station, Madurai District

4. Rajendran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the third Respondent to give police protection for measurements survey the property of the Petitioner based on the representation dated 29.08.2022 within the period stipulated by this Court. 1/4

For Petitioner : Ms.C.R.Ponnuthai For R-1to R3 : Mr.R.Sivakumar Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to seeking direction to direct the third Respondent to give police protection for measuring and surveying the property of the Petitioner based on the representation dated 29.08.2022 within the period stipulated by this Court.

2. When the matter is taken up for hearing, the learned Government Advocate(Crl.Side) would submit that the Petitioner has already filed a Writ Petition before this Court in W.P(MD) No.17493 of 2022 and the learned Single Judge of this Court vide order dated 04.08.2022 had granted the relief sought for by the Petitioner. The relevant para of the said order is extracted hereunder :

" v. If required ,the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection. No costs" 2/4

3. Considering the apprehension raised by the learned Counsel for the Petitioner,the first Respondent/ The Superintendent of Police, Madurai District is directed to provide security to the Revenue Officials, Survey officials in executing warrant issued by the Court concerned regarding the dispute of property.

4. With the above direction, the Criminal Original Petition stands disposed of.

19.09.2022 Internet:Yes./No Index:Yes/no aav To

1. The Superintendent of Police Madurai District, Madurai

2. The Deputy Superintendent of Police Thiruparangkundram Madurai District

3. The Inspector of Police Austinpatti Police Station, Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

aav CRL.O.P (MD) No.16040 of 2022 19.09.2022 4/4