The present criminal original petition has been filed seeking a direction to the respondents police to give protection to the petitioner, his family members and properties of vacant land measuring an extent of 1.57 cents comprised in Survey No.361/1 and measuring an extent of 1.57 cents comprised in Survey No.361/2 in total acre 3.14 cents situated at Thanigai Polur, Vaniambadi village, Arakkonam Taluk, Vellore District.
2. It is the case of the petitioner that he along with his mother and brother are the absolute owners of the vacant land measuring an an extent of 1.57 cents comprised in Survey No.361/1 and measuring an extent of 1.57 cents comprised in Survey No.361/2 in total acre 3.14 cents situated at Thanigai Polur, Vaniambadi village, Arakkonam Taluk, Vellore District. It is also the case of the petitioners that his ancestral one (late) Maraganapathy purchased the property from one Perumal Reddy on 26.10.1983. The petitioner's ancestor along with his father were in possession and enjoyment of the said properties for the past 34 years. In the year 2004, there was a land dispute between one Sivalingam, Palani and the petitioner and they are trying to grab the petitioner's land. Due to that they have filed a suit in O.S.No.259 of 2004 before the District Munsif Court, Arakkonnam. The petitioner along with his legal heirs filed a suit in O.S.No.277 of 2004 on the file of District Munsif, Arakkonam for cancelling the patta granted in favour of Sivalingam and after contest, it was allowed in favour of Sivalinam. Challenging the same, appeals were filed in A.S.Nos.36 and 37 of 2014 on the file of Subordinate Judge, Arakkonam, and by judgment and decree dated 04.07.2014, the appeals were partly allowed restraining the defendants from interfering with the petitioner's peaceful possession and enjoyment of the property. Even thereafter, the said Sivalingam is not obeying the Court decree, but engaged social elements and trespassed into the petitioner's land and grab his land. Subsequently, when the petitioner went to see his properties, the Sivalingam and others joined together had deadly weapons and scolded the petitioner. The petitioner submitted that if police protection was not given, the petitioner will be put to irreparable loss and hardship. Therefore, the petitioner has come up with the present petition seeking a direction to the respondents to provide police protection to fence his lands.
3. Learned counsel appearing for the petitioner submitted that even after obtaining an order in favour of the petitioner, the accused has been continuously giving trouble to the petitioner and hence, on the strength of obtaining orders in favour of the petitioner, he requested the respondents police to give police protection to fence his lands. Learned counsel appearing for the petitioner further submitted that in identical situation, this Court, in the case of Radhika Sri Hari and another v. Commissioner of Police reported in 2014 (2) CTC 695, has held that the petitioner in that case would be entitled to police protection as prayer for. Thus, he sought for similar direction in this petition also.
4. On the above submissions, I have heard also the learned Additional Public Prosecutor and perused the entire materials available on record.
5. In the decision reported in 2014 (2) CTC 695 - Radhika Sri Hari and another v. Commissioner of Police, in paras 7 and 8, this Court has held as follows:-
“ 7. In the aforesaid circumstances, this court considers it appropriate to refer to report of the committee constituted by the Government in G.O.(3D) No.42, Home dated 30.06.2008 towards review of the system of treating complaints relating to money and land matters and to suggest a legally acceptable methodology. The report of such committee touching upon several issues, was accepted by Government. Having done so, under G.O.Ms.No.1580 Home (POL.VII) Department dated 24.11.2008, the Director General of Police was required to circulate the report along with the 14 point guidelines annexed to such Government order to police officers/stations for appropriate adherence. Under C.No.43/CRB/CSP/2008 dated 08.12.2008, the Commissioner of Police, Chennai Sub-Urban, has caused communications to all Deputy Commissioners, Assistant Commissioners and Inspector of police for necessary action. Guideline 11 issued by the committee reads as follows:
"11. When police protection is sought for the implementation of a civil court order it should be given readily. Police should not insist on a specific court direction to give police protection."
8. What is informed above makes clear that the petitioner would be entitled to police protection as prayed for. Criminal original petition is allowed. There will be a direction to respondents to provide police protection to the petitioners for a period of three weeks from the date of receipt of a copy of this order towards enabling them raising fresh barbed wire fences on their property. The same will be at the cost of the petitioner. “ Hence, as per the Guideline 11 issued by the committee constituted by the Government in G.O.(3D) No.42, Home dated 30.6.2008, when police protection is sought for, for the implementation of a civil court order, it should be given readily. In the instant case also, the petitioner has obtained an order in his favour from the competent civil Court and the same is now in force. Hence, based on the said order, the petitioner is entitled to get police protection to fence his property.
6. In the result, the criminal original petition is allowed and the respondents police is directed to provide adequate police protection to the petitioner for a period of three weeks from the date of receipt of a copy of this order to enable him to fence his property. However, the same will be at the cost of the petitioner.
14-06-2017 sr Index:yes Note: Issue Order copy on 16.06.2017 To
1. The Superintendent of Police, Vellore District, Vellore.
2. The Deputy Superintendent of Police, Arakkonam, Vellore District.
3. State rep by its The Inspector of Police, Arakkonam Taluk Police Station, Vellore District.
R.MAHADEVAN, J.,
sr Crl.O.P.No.11004 of 2017 14-06-2017 http://www.judis.nic.in