Madras High Court
Venkatesan vs State Rep. By on 3 January, 2022
CRL.O.P.No.25986 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.25986 of 2021
Venkatesan ... Petitioner
Versus
1.State rep. by
The Inspector of Police,
Rural Police Station,
Tirupathur.
2.Murugan
3.Nagaraj
4.Panneerselvam
5.Paramasivam ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to direct the first respondent herein to provide
police protection for surveying the lands of the petitioner in
S.F.Nos.252/1C, 252/1D and 251/1B situate at Athiyur Village,
Thirupathur Taluk and District by the Revenue Authorities.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25986 of 2021
For Petitioner : Mr.K.Govi Ganesan
For R1 : Mr.E.Raj Thilak
Additional Public Prosecutor
*****
ORDER
This Criminal Original Petition has been filed to direct the first
respondent herein to provide police protection for surveying the lands of
the petitioner in S.F.Nos.252/1C, 252/1D and 251/1B situate at Athiyur
Village, Thirupathur Taluk and District by the Revenue Authorities.
2.The contention of the petitioner is that the petitioner had
purchased a property to an extent of 0.37 acres in S.F.No.25/1B and
1 acre in S.F.No.252/1D situated at Athiyur Village, Thirupathur Taluk
through Document Nos.6314/2005 and 1489/2006, from one
Purushothaman. The petitioner's vendor Purushothaman had filed a suit
in O.S.No.152 of 2006 before the District Munsif Court, Thirupathur
against some of the private respondents, who had casted cloud over his
title. The learned District Munisf, Thirupathur by Judgment dated
26.09.2011 had decreed the suit in favour of the petitioner's vendor. The
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CRL.O.P.No.25986 of 2021
revenue records were mutated in the name of the petitioner and the patta
bearing Nos.909 and 1912 were issued in the petitioner's name by the
Revenue Authorities.
3.He further contended that the petitioner wanted to survey and
measure the above said lands and to fix his boundaries and to fence his
property. For which, he made an application before the Tahsildar and
Firka Surveyor. Thereafter, the Revenue officials had issued a challan for
the petitioner to make the payment for survey charges. The survey fees
were remitted in State Bank of India, Thirupathur Branch on 07.08.2021.
Thereafter, the Firka Surveyor had issued notice to respondent Nos.2 to 5
that on 04.09.2021, the survey was to be taken, boundaries to be fixed, if
in case the respondent Nos.2 to 5 have any objections they can make their
objections with relevant records. The respondent Nos.2 to 5 appeared on
04.09.2021 and they had objected for survey without any valid reason
and records. Further, they threatened the Firka Surveyor and Revenue
officials to carry out their official duty. The Firka Surveyor informed the
petitioner that unless he obtained the police protection order, he may not
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CRL.O.P.No.25986 of 2021
come and survey the property. Hence, the petitioner had sent a
representation to the respondent police on 15.12.2021, but no action has
been taken.
4.The learned Additional Public Prosecutor submits that the
petitioner had sent a representation through registered post. Hence the
veracity of the petitioner's contention could not be verified. Therefore, the
petitioner has to appear before the respondent police and produce the
documents and on verification of the same, the respondent police would
take appropriate action.
5.Considering the submissions and on perusal of the materials, it is
seen that the Tahsildar permitted the petitioner to remit the survey
charges, which have been normally done. Thereafter the Revenue
Officials and the Firka Surveyor had visited the property, before that the
Firka Surveyor had issued advance notice to the respondent Nos.2 to 5.
The respondent Nos.2 to 5 had raised any objection with regard to the
advance notice sent. The respondent Nos.2 to 5 have no authority to
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CRL.O.P.No.25986 of 2021
obstruct the functioning of the public servants, without any valid reason
or order of Court. In view of the same, the petitioner is directed to appear
before the respondent police along with the copy of the representation
and other relevant documents. Thereafter the respondent police is
directed to consult the Revenue authorities and fix a date and give proper
protection and security, after due enquiry, for surveying the petitioner's
land.
6.With the above directions, this Criminal Original Petition is
disposed of.
03.01.2022
Index: Yes/No
Internet: Yes/No
ah
To
1.The Inspector of Police,
Rural Police Station,
Tirupathur.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.25986 of 2021
M.NIRMAL KUMAR, J.
ah
CRL.O.P.No.25986 of 2021
03.01.2022
https://www.mhc.tn.gov.in/judis
