S.Alagirisamy vs The Superintendent Of Police
2021 Latest Caselaw 446 Mad

                                                                      Crl.op.16408 of 2020 dt.6.1.2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 06.01.2021

                                                         CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P. No.16408 of 2020

                     S.Alagirisamy                                                     .. Petitioner
                                                         .vs.

                          1. The Superintendent of Police,
                             Coimbatore Rural District,
                             State Bank Road,
                             Coimbatore -18.
                          2. The State represented by
                             The Inspector of Police,
                             Periyanaicken Palayam Police
                             Station, Coimbatore District.
                          3. Krishnamurthy                                         ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to direct the 2nd respondent to give police
                     protection to measure the land situated in S.F.No.912, corresponding
                     patta number 1875 at Gudalur Village, Coimbatore District.

                                      For Petitioner     : Mr.B.Kumarasamy

                                      For Respondents : Mr.M.Mohamed Riyaz,
                                                        Addl. Public Prosecutor -R1 & R2

                                                         ORDER

This petition has been filed for a direction to the 2nd respondent to

grant police protection in order to conduct the survey in the subject

https://www.mhc.tn.gov.in/judis/ Crl.op.16408 of 2020 dt.6.1.2021

property based on the complaint given by the petitioner on 14.09.2020.

2. It is seen from records that the petitioner had filed a suit in

O.S.No.1656 of 2010 against the 3rd respondent and 4 others to declare

certain documents as null and void. The suit was decreed through

judgment and decree dated 18.12.2015 in favour of the petitioner. The

petitioner wanted to survey the property through the Revenue

Department and to lay the boundary stones. When the survey was

conducted, the 3rd respondent seems to have caused disturbance.

Therefore, a complaint was given seeking for police protection while

surveying the lands. Since the same was not considered, the present

petition has been filed before this Court seeking for appropriate

directions.

3. Heard Mr.B.Kumarasamy, learned counsel for the petitioner and

Mr.M.Mohamed Riyaz, learned Addl. Public Prosecutor appearing for the

respondents 1 and 2.

4. The notice sent to the 3rd respondent has been returned with an

endorsement 'addressee left'.

https://www.mhc.tn.gov.in/judis/ Crl.op.16408 of 2020 dt.6.1.2021

5. Taking into consideration the facts and circumstances of the

case and also of the fact that there is already a civil court decree in favour

of the petitioner and the petitioner only wants to get the property

surveyed through the Revenue Department for laying the boundary

stones, there shall be a direction to the 2nd respondent to consider the

request for police protection at the time of conducting the survey in the

subject property and the petitioner shall also pay the necessary charges

for providing police protection. The petitioner is directed to make a fresh

representation to the 2nd respondent along with a copy of this order.

6.This Criminal Original Petition is disposed of with the above

directions.

06.01.2021 Index : Yes/No Internet : Yes/No msr To

1. The Superintendent of Police, Coimbatore Rural District, State Bank Road,Coimbatore -18.

2. The Inspector of Police, Periyanaicken Palayam Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras,

https://www.mhc.tn.gov.in/judis/ Crl.op.16408 of 2020 dt.6.1.2021

N. ANAND VENKATESH, J.

msr

Crl.O.P. No.16408 of 2020

06.01.2021

https://www.mhc.tn.gov.in/judis/