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[Cites 6, Cited by 0]

Madras High Court

S.Thanigaivel vs The Commissioner Of Police on 15 October, 2020

Author: R. Pongiappan

Bench: R. Pongiappan

                                                                       `Crl.O.P.No.23024 of 2019

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED :15.10.2020

                                                     CORAM:

                             THE HONOURABLE MR. JUSTICE R. PONGIAPPAN

                                            Crl.O.P.No.23024 of 2019

                      S.Thanigaivel                                       .. Petitioner

                                                    Vs.


                      1.The Commissioner of Police,
                        Office of the Commissioner of Police,
                        Veppery,
                        Chennai – 600 007.

                      2.The Joint Commissioner of Police,
                        St. Thomas Mount,
                        Chennai.

                      3.The Deputy Commissioner of Police,
                        Tambaram,
                        Chennai.

                      4.The Revenue Division Officer,
                        Tambaram,
                        Chennai.

                      5.The Tahsildar,
                        Alandur, Chennai.


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                                                                           `Crl.O.P.No.23024 of 2019

                      6.The Tahsildar Settlement,
                        Alandur Settlement,
                        Chennai.
                        (The respondents 1 to 6 are not
                        necessary parties in this petition
                        and their names are deleted vide
                        order dated 27.08.2019)

                      7.The Inspector of Police,
                        S-8, Adambakkam Police Station,
                        Chennai.

                      8.The Inspector of Police,
                        Central Crime Branch-2 Team 23,
                        Land Grabbing Cell-2, Vepery,
                        Chennai – 600 007.

                      9.N.Murugan                                             .. Respondents

                      PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                      praying to direct the seventh respondent police to provide police
                      protection in extend of 4834 sq.meter or 52014 sq.feet on the
                      Ramakrishnapuram 1st street ward No.G Block, 25 Old T.S.No.7 and
                      New T.S.No.7/1, 7/2 Paimash No.170, 173, Survey No.179/1 (Part) G
                      Ward, Block-2, Adambakkam Village, Old Tambaram Taluk, and present
                      Alandur Taluk, Chennai District to construct the wall in respect of North
                      phase of Ramakrishnapuram, 1st Street and Parameshwara Main Road for
                      the purpose of avoid the encroachment and land grabbing in safeguard
                      the interest of petitioner.


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                                                                           `Crl.O.P.No.23024 of 2019

                            For Petitioner           : Mr.R.Muniyapparaj

                            For Respondents 7 & 8 : Mr.S.Karthikeyan
                                                    Additional Public Prosecutor

                            For Respondent 9         : Mr.R.Subburaj


                                                      ORDER

(This case has been heard through video conferencing) This Criminal Original Petition has been filed seeking direction to direct the seventh respondent to provide police protection to construct the wall in respect of the land to the extent of 4834 sq.meter or 52014 sq.feet on the Ramakrishnapuram 1st street ward No.G Block, 25 Old T.S.No.7 and New T.S.No.7/1, 7/2 Paimash No.170, 173, Survey No.179/1 (Part) G Ward, Block-2, Adambakkam Village, Old Tambaram Taluk, and present Alandur Taluk, Chennai District for the purpose of avoiding the encroachment and land grabbing.

2. Heard Mr.R.Muniyapparaj, learned counsel for the petitioner, Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for 3/6 http://www.judis.nic.in `Crl.O.P.No.23024 of 2019 the respondents 7 & 8 and Mr.R.Subburaj, learned counsel appearing for the ninth respondent.

3. Today when the petition is came up for hearing, learned Additional Public Prosecutor appearing for the respondents 7 & 8 on instructions would submit that in earlier for the complaint given by the petitioner dated 16.07.2011, a case has been registered in Crime No.138 of 2011 under section 465, 471, 420, 447 & 506 (ii) IPC. Thereafter till now, no representation has been received from the petitioner for the purpose of providing police protection.

4. Hence, in view of the above, in the absence of any representation from the petitioner, it is not necessary to direct the seventh respondent to provide police protection. However, the petitioner is at liberty to submit a fresh representation before the seventh respondent and if any such representation is received from the petitioner, the seventh respondent is directed to consider the same within a period of three weeks from the date of receipt of a copy of the said representation. 4/6 http://www.judis.nic.in `Crl.O.P.No.23024 of 2019

5. With the above observation, this Criminal Original petition is closed 15.10.2020 Index : Yes/No Internet: Yes/No Speaking/Non-speaking Orders nl To

1.The Inspector of Police, S-8, Adambakkam Police Station, Chennai.

2.The Inspector of Police, Central Crime Branch-2 Team 23, Land Grabbing Cell-2, Vepery, Chennai – 600 007.

3.The Public Prosecutor, High Court, Madras.

5/6 http://www.judis.nic.in `Crl.O.P.No.23024 of 2019 R. PONGIAPPAN. J, nl Crl.O.P.No.23024 of 2019 15.10.2020 6/6 http://www.judis.nic.in