Madras High Court
T.Mohamed Khaja Alimudeen vs The Inspector General Of Police on 17 July, 2023
Crl.O.P.(MD)No.7897 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:17.07.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN
Crl.O.P.(MD)No.7897 of 2023
T.Mohamed khaja Alimudeen ... Petitioner
Vs.
1. The Inspector General of Police,
Inspector General Office,
Madurai South Zone, Madurai.
2. The Superintendent of Police,
Madurai District, Madurai.
3. The Inspector of Police,
Alanganallur Police Station,
Madurai District.
4. S.Jothi
5. S.Muthuraj ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to give police protection to the petitioner for
fishing rights in S.Nos.15/1 and 15/3 in Sambakulam Village, Vadipatti
Taluk, Madurai District.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7897 of 2023
For Petitioner : Mr.N.Ganesh
For Respondents : Mr.E,Antony Sahaya Prabahar
Additional Public Prosecutor
for R1 to R3
Ms.M.Nila for R4 and R45
ORDER
This petition is filed seeking for a direction to the third respondent
police to provide protection to the petitioner while ensuring his fishing
rights in Survey Nos.15/1 and 15/3 in Sambakulam Village, Vadipatti
Taluk, Madurai District.
2. It is submitted by the learned counsel for the petitioner that as
per the judgment in A.S.No.533 of 1977, the petitioner's forefather and
the petitioner have been enjoying fishing rights in Survey Nos.15/1 and
15/3. It is submitted that the unofficial respondents 4 and 5 have been
obstructing the petitioner's fishing rights and thereby a representation is
filed before the respondents police on 10.04.2023 but police have not
come forward to provide protection.
3. Learned counsel appearing for respondents 4 and 5 have
submitted that even though the petitioner has got the fishing rights in
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7897 of 2023
Survey Nos.15/1 and 15/3, the petitioner has kept the water in the tank
without letting the water out for the usage of general public and in
respect of that this Court in W.P.(MD) No.26794 of 2022, has directed to
approach the Superintending Engineer, PWD, Madurai, and accordingly
the said authority has seized of the matter in respect of usage of water by
the petitioner in the said tank.
4. Keeping all issues aside, learned Additional Public Prosecutor
submits that soon after after receiving of the petition dated 29.12.2022
for providing protection for fishing rights of the petitioner, the police
have provided the protection and accordingly, the petitioner has
peacefully harvested the fish in the tank. However, learned counsel for
the petitioner while objecting the said submissions represents that the
police have not given any protection in response to the petition and that
the fish were harvested by unofficial respondents 4 and 5 and in respect
of that, the petitioner stated to have filed a complaint dated 16.04.2023,
in respect of which, C.S.R.No.231 of 2023, Alanganallur Police Station,
was issued and after conducting inquiry, the same was closed by
recording the undertaken given by the fourth respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7897 of 2023
5. Since, this petition is filed for seeking a police protection while
harvesting the fish during the month of April and since, the harvesting of
fish was already done, case does not survive to the petitioner.
6. Accordingly, this petition is disposed of. However, the
petitioner is at liberty to file an application before the respondents police
if the police protection is required and if any such application is filed, the
respondents police are directed to dispose of the same without delay. At
request of the learned counsel for the petitioner, the respondents police
are permitted to consider to give a copy of the undertaking given by the
fourth respondent in C.S.R.No.231 of 2023 on filing of an application.
7. With the above observation, this petition is closed.
17.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PKN
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7897 of 2023
To
1. The Inspector General of Police,
Inspector General Office,
Madurai South Zone, Madurai.
2. The Superintendent of Police,
Madurai District, Madurai.
3. The Inspector of Police,
Alanganallur Police Station,
Madurai District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.7897 of 2023
DR.D.NAGARJUN,J
PKN
W.P.(MD)No.7897 of 2023
Dated:17.07.2023
https://www.mhc.tn.gov.in/judis
