Madras High CourtCRL OP(MD)/7183/2018disposed of

G.Shanmuga Sundaram, v. The Superintendent Of Police,

2019-09-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.7183 of 2018 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT Dated : 20.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.7183 of 2018 G.Shanmuga Sundaram ... Petitioner Vs 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Arimalam Police Station, Pudukkottai District.

3.Arasappan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent to provide adequate police protection to the petitioner's properties situated at Senkeerai village, Thirumayam Taluk, Pudukkottai District while surveying the lands and fixing boundaries thereon by considering the representation of the petitioner dated 19.09.2017. For Petitioner : Mr.V.Sasi Kumar For Respondents : Mr.K.Suyambulinga Bharathi (R1&R2) Government Advocate(Crl.side)

O R D E R

This petition has been filed to direct the second respondent to provide adequate police protection to the petitioner's properties situated at Senkeerai village, Thirumayam Taluk, Pudukkottai District while surveying the lands and fixing boundaries thereon by considering the representation of the petitioner dated 19.09.2017.

2.The learned counsel appearing for the petitioner would submit that the petitioner owned property in S.Nos.263/2C, 496/1, 453/15, 454-8, 462/11A, 464/19, 465/6, 473/6, 473/7, 478/7, 479/5, 481/7, 484/10, 474/19 and 474/17 comprising patta Nos.1528 and 1530 respectively situated at Senkeerai village, Thirumayam Taluk, Pudukkottai District. Since there are some encroachments, the petitioner wants to survey the lands and he also paid the requisite fees before the concerned Tahsildar office. Now, he finds difficult to survey the land, since the encroachers are not https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.7183 of 2018 allowing them to survey the land and hence, he seeks police protection.

3.Considering the fact and circumstances of the case and considering the fact that requisite fee has been paid by the petitioner, this Court is of the view that the concerned Surveyor has to survey the property of the petitioner and if the concerned Surveyor feels any difficulty to survey the land, he can very well seek police protection before the concerned police officials. If the Surveyor seeks any police protection during the survey of the land, the respondent police are directed to consider the same and provide adequate police protection to survey land. 4.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Arimalam Police Station, Pudukkottai District.

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

+1 CC to M/s.A.MOHAN, Advocate ( SR-88452[F] dated 23/09/2019 ) Order made in CRL.O.P (MD) No.7183 of 2018 20.09.2019 KM/(18.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2