Madras High CourtCRL OP(MD)/16849/2019disposed of

Malarkodi v. The Superintendent Of Police

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

Crl.O.P.(MD)No.16849 of 2019 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.16849 of 2019 Malarkodi

...Petitioner

-Vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Sindupatti Police Station, Madurai District.

3.Periyasamy 4.Kasimayan ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the second respondent to provide adequate police protection during the survey of the petitioner's land in Survey No.66/3B1 in an extent of 5 cents situated on the north-west portion of 10 cents from the total extent of 0.40.5 ares 1 acre Ayan Punja land is situated at Sembatti, Usilampatti Taluk, Madurai District based on the petitioner's representation dated 31.10.2019.

For Petitioner : Mr.R.Jenifer Bibin For Respondents 1 & 2: Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For Respondents 3 & 4 : Mr.Senthil Kumaraiah

O R D E R

This petition has been filed seeking direction to direct the second respondent to provide adequate police protection during the survey of the petitioner's land in Survey No.66/3B1 in an extent of 5 cents situated on the north-west portion of 10 cents from the total extent of 0.40.5 ares 1 acre Ayan Punja land is situated at Sembatti, Usilampatti Taluk, Madurai District, based on the petitioner's representation dated 31.10.2019.

2. The learned counsel for the petitioner would submit that the petitioner is the absolute owner of the property comprised in Survey No.66/3B1 in an extent of 5 cents situated on the northwest portion of 10 cents from the total extent of 0.40.5 ares 1 acre Ayan Punja land is situated at Sembatti, Usilampatti Taluk, Madurai District. Therefore, he 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16849 of 2019 the Tahsildhar, Usilampatti. Even then the respondents 3 and 4 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, the Surveyor is directed to survey the land as requested by the petitioner. 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 3 and 4 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, Madurai District, Madurai.

2.The Inspector of Police, Sindupatti Police Station, Madurai District.

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

+1 CC to M/s.JENIFER BIBIN, Advocate ( SR-98924[F] dated 18/11/2019 ) +1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-99371[F] dated 19/11/2019 ) Crl.O.P.(MD)No.16849 of 2019 18.11.2019 KM/(26.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2