Madras High CourtCRL OP(MD)/16802/2019disposed of

Vijayalakshmi v. The Superintendent Of Police

2019-11-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD) No.16802 of 2019 Vijayalakshmi .. Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Palayamkottai, Tirunelveli-627009.

2.The Sub-Inspector of Police, Thevarkulam Police Station, Thevarkulam, Tirunelveli District.

3.The Head Surveyor, Sankarankovil Taluk, Tirunelveli District.

4.Pappa 5.Thavamani Regenal Jayaseeli .. Respondents Prayer:Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the second respondent to provide police protection to the petitioner while surveying the petitioner and fourth respondent land in S.No.37/3B, 37/3D, 37/3F admeasuring 31, 2 1⁄2 and 6 1⁄2 cents respectively situated at Thevarkulam Village, Sankarankovil Taluk, Tirunelveli District based on the complaint of the petitioner dated 06.11.2019.

For Petitioner : Mr.T.Selvam For Respondents : K.Suyambulinga Bharathi 1 & 2 Government Advocate (Crl. Side)

O R D E R

This Criminal Original petition has been filed to direct the second respondent to provide police protection to the petitioner while surveying the petitioner and fourth respondent land in S.No.37/3B, 37/3D, 37/3F admeasuring 31, 2 1⁄2 and 6 1⁄2 cents respectively situated at Thevarkulam Village, Sankarankovil Taluk, Tirunelveli District based on the complaint of the petitioner dated 06.11.2019.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the petitioner would submit that the petitioner and the fourth respondent jointly have

purchased the property comprised in S.No.37/3B, 37/3D and 37/3F situated at Thevarkulam Village, Sankarankovil Taluk, Tirunelveli District admeasuring 40 cents. Therefore, she want to survey the property and he approached the concerned revenue officials by way of proper application and also paid requisite fee to survey his land before the third respondent. Even then the respondents 4 and 5 are objecting the same and they are not allowing to survey the land of the petitioner.

3. Considering the above facts and circumstances of the case, if the Surveyor is directed to survey the land as requested by the petitioner, and if the Surveyor feels any hindrance to survey the land belonging to the petitioner, he can very well seek police protection before the second respondent. If any complaint lodged by the Surveyor while surveying the land seeking police protection, the second respondent is directed to consider the same and pass orders on merits and in accordance with law after conducting enquiry with the respondents 4 and 5 herein.

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

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) vsg To:

1.The Superintendent of Police, Tirunelveli District, Palayamkottai, Tirunelveli-627009.

2.The Sub-Inspector of Police, Thevarkulam Police Station, Thevarkulam, Tirunelveli District.

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

+1 CC to Mr.T.SELVAN, Advocate ( SR-99419[F] dated 19/11/2019 ) Crl.O.P(MD) No.16802 of 2019 18.11.2019 VB(11.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/