Madras High CourtCRL OP(MD)/18766/2023disposed of

Alagu v. The Superintendent Of Police

2023-10-18Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18766 of 2023 Alagu

...Petitioner

Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

3.P.Suresh 4.G.Sivanesan 5.The Tahsildar, Singampunari, Sivagangai District.

(R5 suo motu impleaded vide Court order dated 18.10.2023)

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct, directing the respondent No.2 to give a adequate police protection to the petitioner's life and limb and to put on land level stone which was illegally 1/5

removed by the 3rd and 4th respondents in survey No.58/9A in extent of 0.19.00 Ares in patta No.64 in item No.8 which is situated at Kirungakottai Village, Singampunari Taluk, Sivagangai District on the basis of the petitioner's representation dated 03.08.2023 and 21.09.2023. For Petitioner :Mr.A.P.Muthupandian For Respondent :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) O RDER This petition has been filed seeking police protection for the petitioner for measuring property which belongs to the petitioner, situated at S.No.58/9A, to an extend of 0.919.00 ares.

2. The case of the petitioner is that, the private respondents 3 and 4 are owners of the adjacent property. Whenever the petitioner measures the property to put up the boundary stone, the private respondents are used to remove the stone. Therefore the petitioner's son made representation seeking police protection for the purpose of measuring the property. Since the same was not considered, this petition came to be registered. 2/5

3. Learned Additional Public Prosecutor would submit that the said representation has been considered and since there is no petition from the concerned surveyor, no police protection was granted, without the order of this Court.

4. For the purpose of measuring the property only, the petitioner seeks permission. The petitioner has to take appropriate steps as per the provisions of the Tamilnadu Survey and Boundaries Act before the Assistant Director of Land Survey, Singampunari.

5. Learned counsel for the petitioner submitted that the petitioner has also sent a communication to the Tahsildar for appropriate action. Since the petitioner has taken steps there shall be a direction to the Surveyor, Singampunari, to undertake the survey under the provisions of the Tamil Nadu Survey and Boundaries Act by issuing summons to the petitioner and the private respondents, after making enquiry. If any trouble is created by the private respondents, he can make a representation to the second respondent seeking police protection. After 3/5

completing the above said formalities only, if any necessity arises, the second respondent may provide adequate police protection for the purpose of survey.

6. With this direction, this Criminal Original Petition is disposed of. 18.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Superintendent of Police, Office of the Superintend of Police, Sivagangai District.

2.The Inspector of Police, Singampunari Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

pnn Crl.O.P.(MD)No.18766 of 2023 18.10.2023 5/5