Madras High Court
Khader Ahmed vs The Superintendent Of Police on 26 July, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
CRL.O.P.No.12752 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.12752 of 2021
Khader Ahmed ... Petitioner
Versus
1.The Superintendent of Police
Thiruvallur District 602 001.
2.The Deputy Superintendent of Police
Ponneri
Ponneri Taluk
Thiruvallur District 601 204.
3.The Inspector of Police
Minjur
Ponneri Taluk
District-Thiruvallur 602 204. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to direct the first and third respondents
to provide police protection to the petitioners to facilitate removal of
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CRL.O.P.No.12752 of 2021
the illegal encroachments from the petitioner's wife, Asman Yasmin's
Patta land bearing Survey No.525, Sub-division 3B2 & 4B (Plot No-
A32), which was registered as sale deed in document Number-
1920/1966 and registered at Thiruvottriyur, Sub-Registrar Office and
consequently take penal actions by registering FIR against the
encroachers in the above mentioned petitioner's patta land and
thereby render justice.
For Petitioner : Mr.N.Suriya Muthu
For Respondents : Mr.A.Damodaran
Government Advocate (Crl.Side)
ORDER
This petition has been filed to direct the first and third respondents to provide police protection to the petitioners to facilitate the removal of illegal encroachments from the petitioner's wife, Asman Yasmin's Patta land bearing Survey No.525, Sub- division 3B2 & 4B (Plot No-A32), which was registered as sale deed in document Number-1920/1966 at Thiruvottriyur, Sub-Registrar Page No.2 of 6 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.12752 of 2021 Office and consequently take penal actions by registering FIR against the encroachers in the above mentioned petitioner's patta land.
2. The petitioner and his wife Asman Yasmin were settled with the case property by her mother Ameena Rawoof. The petitioner's father-in-law Mr.Abdul Rawoof had purchased the said property in Survey No.525 Sub-division 3B2 & 4B (Plot No-A32) in Minjur, Vallur Village, Ponneri Taluk in the year 1966. The petitioner when visited the said property found that the property is encroached by one Revathy and Nagaraj. Hence, he filed this petition seeking removal of the illegal encroachment.
3. The learned Government Advocate (Crl.Side) has submitted that this case property was purchased by the petitioner's father-in-law in the year 1966 and the petitioner is residing in Teynampet, Chennai. Thereafter, one Revathy and Nagaraj have Page No.3 of 6 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.12752 of 2021 encroached upon three cents each and put up a construction and they are residing there. The petitioner's complaint has been assigned with CSR.No.573 of 2021 dated 25.03.2021 and enquiry has been conducted and it was found that the said Revathy and Nagaraj are encroachers. After confirming the complaint with the records, the First Information Report would be registered and the case will be investigated. However, for removal of encroachment, the petitioner has to approach the Civil Court.
4. In view of the same, nothing further survives for adjudication in this matter. Accordingly, this Criminal Original Petition is closed.
26.07.2021
Index : Yes/No
Internet : Yes/No
dna
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https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.12752 of 2021 To
1.The Superintendent of Police Thiruvallur District 602 001.
2.The Deputy Superintendent of Police Ponneri Ponneri Taluk Thiruvallur District 601 204.
3.The Inspector of Police Minjur Ponneri Taluk District-Thiruvallur 602 204.
4.The Public Prosecutor, High Court, Madras.
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dna CRL.O.P.No.12752 of 2021 26.07.2021 Page No.6 of 6 https://www.mhc.tn.gov.in/judis/