Nalla Perumal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Nalla Perumal ... Petitioner Vs.

1.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Sub Inspector of Police, Uthappanaickanur Police Station, Madurai District.

3.Perumayee 4.Subbuthai 5.Eswari 6.Kattu Raja 7.Vanam .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to provide adequate police protection for the life and limb of the petitioner.

For Petitioner : Mr.S.A.Ajmalkhan For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/5

ORDER

The petitioner is being harassed, threatened by the respondents 3 to 7, who are adjacent land owner of the petitioner's property and hence, the petitioner had sent a representation on 23.11.2024 seeking for police protection. The respondent police are not taking any action. Hence, the above petition.

2. The contention of the petitioner is that the petitioner had purchased property in S.Nos.435/1B2, 435/6, 435/9 and 437/9, situated in Uthappanaickanur Village, Usilampatti Taluk, Madurai District, in the year 2000. The adjacent property owner had executed a mortgage deed in favour of the petitioner in respect of property in S.Nos.435/5 and 435/8 vide Doc.No.2697 of 2019. The petitioner, after acquiring the property by himself and mortgaged the property, conducted survey and earmarked the property. The petitioner have been planting coconut sapling in his land, which have been damaged, disturbed and obstructed by the respondents 3 to 7. The petitioner having rightful ownership of the property is unable to enjoy the property and develop his property.

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3. The learned Additional Public Prosecutor, on instructions, would submit that on receipt of the petitioner's complaint, CSR.No.436 of 2024 assigned and the petitioner was called for enquiry. But, the petitioner has not responded to the same and hence, CSR is kept pending.

4. The learned counsel for the petitioner submitted that the petitioner is very much available in the address given and he would appear before the respondent police on 20.12.2024.

5. In view of the above, the respondent police is directed to call both the petitioner as well as the counter petitioner for enquiry on 20.12.2024, conduct the enquiry and conclude the same within a period of two months therefrom.

6. With the above direction, this Criminal Original Petition is disposed of.

11.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk 3/5

To 1.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Sub Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

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M.NIRMAL KUMAR,J.

Rmk 11.12.2024 5/5