M.Sulthan Ibrahim v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR M.Sulthan Ibrahim .. Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, Illuppur Police Station, Pudukkottai District.
3.The Thasildar, Illuppur Taluk, Pudukkottai District.
.. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first and second respondents to provide adequate police protection to his life and limb for surveying the petitioner's land by considering his representation dated 25.11.2024. For Petitioner : Mr.K.C.Maniyarasu For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side) For R3 : Mr.N.Muthumanickam Government Advocate (Civil) 1/5
ORDER
The subject property in various survey numbers to an extent of 32 acres situated at Thalinji Village, Illuppur Taluk, Pudukkottai District, originally belongs to petitioner's grand-father. After his demise, the property was inherited by his father and patta was also transferred in his father's name. After his demise on 25.06.2015, the petitioner was in possession and enjoyment of the property, but the patta for the lands has been mentioned in joint Patta No.202, still stands in the name of the petitioner's father and his grand-father's siblings' name. Hence, there was some dispute. Thereafter, for clearing the same, to survey and earmark the land, the petitioner had made a representation to the Tahsildar and paid necessary fees. Since there was obstruction from the grand-father's siblings, survey could not be conducted. Hence, the petitioner sent a representation on 25.11.2024, but no action has been taken so far. Hence, the above petition.
2. The learned Additional Public Prosecutor submitted that on 24.12.2024, the Tahsildar, Illuppur Taluk, had sent a communication to the Inspector of Police for survey the subject land on 30.12.2024. Since the 2/5
date had already been over, the next fixed date, the respondent police would give adequate police protection during survey. Now, on instructions, submitted that on 08.01.2025, survey can be conducted.
3. In view of the above, the respondent police is directed to give adequate police protection to the Thasildar, Village Administrative Officer, Surveyor, petitioner as well as the counter-petitioner for conducting the survey and earmark the subject land.
4. With the above direction, this Criminal Original Petition is disposed of.
03.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk 3/5
To 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, Illuppur Police Station, Pudukkottai District.
3.The Thasildar, Illuppur Taluk, Pudukkottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR,J.
Rmk 03.01.2025 5/5