Madras High Court
Bama Balaji vs The Superintendent Of Police on 7 October, 2021
CRL.O.P.No.15239 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.15239 of 2021
Bama Balaji ... Petitioner
Vs
The State Rep by its:
1.The Superintendent of Police,
Krishnagiri, Krishnagiri District.
2.The Inspector of Police,
Kaviripatinam Police Station
Krishnagiri District.
3.V.Shanmugam
4.Thamilmani .... Respondents
PRAYER: Criminal Original Petition has been filed under Section 482
of the Code of Criminal Procedure, to direct the 2nd respondent police to
give protection to the petitioner's property situated survey No.59 and
60/1, Errahalli Village, Kaverpattinam Taluk, Krishnagiri District for
fencing and to the petitioner's life and limp.
For Petitioner : Mr.J.Daniel
For Respondent : Mr.A.Damodaran
Nos.1 & 2 Additional Public Prosecutor
Page No.1 of 6
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CRL.O.P.No.15239 of 2021
ORDER
This criminal original petition has been filed to direct the 2nd
respondent police to give protection to the petitioner's property situated
survey No.59 and 60/1, Errahalli Village, Kaverpattinam Taluk,
Krishnagiri District for fencing and to the petitioner's life and limp.
2.The petitioner, who is the Managing Trustee of Puravipalayam
Sri La Sri Ponmudi Kodiswamigal Charitable Trust, had purchased the
property out of her own income and thereafter, the trust involved in
various activities for the welfare of downtrodden in the society.
3.The petitioner was originally associated with a concern named
“M/s. Sam International” having office at No.14, Jaffar Sarang Street,
Chennai – 600 001, which is a partnership firm, in which, the petitioner
and one Shanmugam were partners. The partnership deed was registered
as document No.189 of 2006. The partnership firm was carrying on
exports of granites and other articles. The petitioner resigned from the
partnership due to religious activities and re-constitution of the deed was
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CRL.O.P.No.15239 of 2021
made on 19.09.2012 with Thamilmani wife of Shanmugam as partner.
The petitioner out of an extent of 15.19 acres of Nanjai and Punjai lands
in Kaverpattinam, purchased a portion to an extent of 3.58 acres in
Errahalli Village from the erstwhile partner viz., Shanmugam under the
document No.1027 of 2008. Later patta obtained in the name of the
petitioner the petitioner has nothing to do with the partnership deed or
business, after her resignation. The petitioner visits her property on
occasions, the petitioner attempted to put up fence, which was prevented
by the adjacent land owner viz., Shanmugam. Further, she was also
threatened. Hence, lodged a complaint, CSR assigned but no action
taken. Thereafter, the said Shanmugam, started making claim over the
property, that it belongs to the partnership firm. Later, the petitioner filed
a civil suit in O.S.No.11 of 2016 and Shanmugam filed another suit in
O.S.No.193 of 2017, both the cases, common judgment was passed, the
civil Court declared that the petitioner is the absolute owner of survey
Nos.59 and 60/1 and restrained Shanmugam not to enter into the property
of the petitioners disturb her peaceful possession and enjoyment. The
petitioner obtained orders in her favour, the Thasildhar in proceeding
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CRL.O.P.No.15239 of 2021
No.Na.Ka.2842 of 2019 issued notice for inspection of the property to
the petitioner and the adjacent land owners, who objected for the same.
Now, the petitioner's right over the property declared by the civil Court
and she approached the revenue authorities to survey and to earmark the
boundaries of the property. The revenue authorities, after perusal of the
revenue records, directed the petitioner to remit the fee for survey and the
fee receipt also produced before this Court.
4.The learned Additional Public Prosecutor submits that
there is no complaint from the revenue official, about any obstruction of
their official duty and sought any police protection. If such request is
made, the police would provide security.
5.In view of the same, the petitioner is directed to produce
the requisition to the revenue officials and the revenue official shall pass
orders if required directing the petitioner to pay the survey fees and fix
the date for the surveyor to survey the land, ear mark the boundaries
along with the revenue officials, the respondent police to provide
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CRL.O.P.No.15239 of 2021
protection to the petitioner and officials to discharge their official duty. In
case of any obstruction, the respondent police to take coercive action
against the obstructors and offenders.
With the above, the criminal original petition is disposed of.
Index: Yes/No
Internet: Yes/No 07.10.2021
sms/nr
To
The State Rep by its:
1.The Superintendent of Police,
Krishnagiri, Krishnagiri District.
2.The Inspector of Police,
Kaviripatinam Police Station
Krishnagiri District.
3. The Public Prosecutor,
High Court, Madras.
M.NIRMAL KUMAR, J.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.15239 of 2021
sms/nr
CRL.O.P.No.15239 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
