Madras High Court
Muthusamy vs State Rep By on 4 February, 2022
CRL.O.P.No.2335 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.2335 of 2022
Muthusamy ... Petitioner
Versus
1. State rep by
The Inspector of Police,
Anamalai Police Station,
Coimbatore District.
2. S.K.Ponnusamy,
... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the 1st respondent to give police
protection to the petitioner for constructing the compound wall at his
property situated at Survey No.167 of 29B, Subbey Goundenpudhur,
Marchanaikkanpalayam Village, Anamalai Taluk, Anamali Sub-
Reg.District, Coimbatore District, by considering his representation
dated 12.01.2022.
For Petitioner : Mr.S.Ashok Kumar
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor
Page No.1 of 6
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CRL.O.P.No.2335 of 2022
ORDER
This Criminal Original Petition has been filed to direct the 1st
respondent to give police protection to the petitioner for constructing the
compound wall at his property situated at Survey No.167 of 29B, Subbey
Goundenpudhur, Marchanaikkanpalayam Village, Annamalai Taluk,
Anamali Sub-Reg.District, Coimbatore District, by considering his
representation dated 12.01.2022.
2. The grievance of the petitioner is that when the petitioner tried
to construct the compound wall on his property, the second respondent
threatened the petitioner and prevented him and he lodged a complaint
before the second respondent on 10.12.2021, for which C.S.R. No.603 of
2021 was assigned. On 11.09.2022, the surveyor, Annamalai Taluk had
come to his property in Survey No.167 of 29B Subbey Goundenpudhur,
Marchanaikkanpalayam Village, Annamalai Taluk and the property was
surveyed and boundaries were earmarked in the presence of Village
Administrative Officer and the adjacent land owner K.Ponnusamy. At
that time, the said Ponnusamy raised some objections stating that if
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CRL.O.P.No.2335 of 2022
compound wall is constructed, the petitioner would be done away. It is
further stated that the said Ponnusamy is not allowing the petitioner to
put up compound wall and hence on 12.01.2022, the petitioner
submitted a representation to the first respondent to provide police
protection. Since, no action has been taken by the respondents, the
present petition has been filed.
3. The learned counsel appearing for the petitioner submitted that
the property belonged to one Kaliyappa Gounder and he has three sons
namely Varadharaj, Kuppusamy and Ponnusamy. He further submitted
that they entered an oral partition and the property were sub divided and
the petitioner has purchased the abovesaid property from Kuppusamy by
way of registered sale deed in the year 2012 and thereafter the second
respondent filed a Civil Suit in O.S.No.315 of 2013, on the file of the
learned Sub Court Pollachi and the learned Sub Court, Pollachi by
judgment dated 04.10.2021 had dismissed the partition suit. He further
submitted that subsequent to the oral partition, the revenue records have
been mutated and thereafter the said Ponnusamy had not filed any Appeal
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CRL.O.P.No.2335 of 2022
and the Judgment passed in O.S.No.315 of 2013 has become final and
the petitioner as a subsequent purchaser, purchased the property of the
share of Kuppusamy. It is his further contention that the petitioner had
approached the Revenue Department to survey the land and the land was
surveyed and boundaries were earmarked and at this stage the said
Ponnusamy is obstructing the petitioner from putting up compound wall
which is unreasonable.
3. The learned Additional Public Prosecutor submits that on the
complaint of the petitioner dated 10.12.2021 C.S.R.No.603 of 2021 was
assigned. and thereafter finding it as a Civil dispute, the complaint was
closed on 11.02.2021.
4. Heard both sides. Perused the records.
5. On perusal of the materials it is seen that objections raised by
Ponnusamy is unreasonable. The said Ponnusamy had earlier filed Civil
Suit which has been dismissed on 04.10.2021 in OS.No.315 of 2013 and
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CRL.O.P.No.2335 of 2022
thereafter no Appeal has been filed. Further, the petitioner had paid the
Survey fee on 14.10.2021 and the same was permitted to be remitted only
after verifying the Revenue records by the Tahsildar. Thereafter on
11.01.2022 the surveyor along with Village Administrative Officer had
surveyed the land earmarked the boundaries and the objections of the
Ponnusamy in constructing the compound wall by the petitioner is
unreasonable.
6. In view of the same the Inspector Police, Anamalai Police
Station is directed to provide Police protection to the petitioner for
construction of compound wall and to keep away Ponnusamy for making
any objection unless Ponnusamy has got valid order from the Court of
Law.
7. Accordingly this Criminal Original Petition is disposed of.
04.02.2022
Index: Yes/No
Internet: Yes/No
rap/arr
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.2335 of 2022
M.NIRMAL KUMAR, J.
rap
To
1. The Inspector of Police,
Anamalai Police Station,
Coimbatore District.
2. The Public Prosecutor
High Court, Madras.
CRL.O.P.No.2335 of 2022
04.02.2022
https://www.mhc.tn.gov.in/judis
