B.M.Vadivelan vs The Inspector Of Police
2022 Latest Caselaw 473 Mad

                                                                           CRL.O.P.No.12834 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 07.01.2022

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                               CRL.O.P.No.12834 of 2021

                     B.M.Vadivelan                                             ... Petitioner
                                                       Versus

                     1.The Inspector of Police,
                       C1, Bargur Police Station,
                       Krishnagiri District.

                     2.K.T.Anandan

                     3.Bharathi

                     4.Manimegalai

                     5.M.Sumathi                                               ...Respondents
                     PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C.
                     to direct the first respondent police to provide the protection to the
                     petitioner from the respondent Nos.2 to 5 to enter their agriculture land
                     situated in S.No.675/3B, Bargur Village & Taluk, Krishnagiri District.
                                      For Petitioner   : Mr.P.S.Mohankumar
                                      For R1           : Mr.R.Vinothraja
                                                         Government Advocate
                                                        *****

                     Page No.1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                   CRL.O.P.No.12834 of 2021


                                                           ORDER

This Criminal Original Petition has been filed to direct the first

respondent police to provide the protection to the petitioner from the

respondent Nos.2 to 5 to enter their agriculture land situated in

S.No.675/3B, Bargur Village & Taluk, Krishnagiri District.

2.The contention of the petitioner is that the petitioner had lodged a

complaint to the first respondent police on 09.07.2021, stating that the

petitioner is unable to enter into his property and carry on the agricultural

activities. He has been restrained by one K.T.Anandan

S/o.A.V.M.Thimmaraya Chetty, Bharathi W/o. Kamaraj, Manimegala

W/o. B.K.Chennaiyan and Sumathi W/o. Mahendran, on the premise that

the Late A.V.M.Thimmaraya Chetty had sold the property without the

concurrence of the legal heirs. The legal heirs have filed a suit in

A.S.No.728 of 1999 before this Court and this Court by Judgment dated

03.02.2020 had found that it was not a joint family property and the

obstructors have no right.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.12834 of 2021

3.He further submitted that the patta has been issued in the name

of the petitioner and the copy of the patta is also produced. The petitioner

has produced the copy of the civil Court order and also the revenue

records to the first respondent. Despite the same, the first respondent

have not taken any action. Hence the present petition is filed.

4.The learned Government Advocate submits that the first

respondent after conducting enquiry and based on the High Court order

and Revenue records will provide necessary protection to the petitioner,

unless there is any other prohibitory order from the competent court.

5.Considering the submissions and on perusal of the materials, this

Court directs the first respondent police to provide necessary protection to

the petitioner based on this Court order dated 03.02.2020 in A.S.No.728

of 1999.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.12834 of 2021

6.With the above observation, this Criminal Original Petition

stands disposed of.

07.01.2022 Index: Yes/No Internet: Yes/No ah

To

1.The Inspector of Police, C1, Bargur Police Station, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.12834 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.12834 of 2021

07.01.2022

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