IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.10624 of 2017 J.Alexander ... Petitioner Vs State by
1. The Commissioner of Police, Salem District, Salem.
2. The Deputy Commissioner of Police, Salem District, Salem.
3. The Assistant Commissioner of Police, Salem District, Salem.
4. The Inspector of Police, Pallapatty Police Station, Salem District. ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C to direct the respondents herein to provide protection for life and safety of the petitioner and his family members and servants for putting up fencing of the property and other miscellaneous works in the petitioner's property situated at Ravaneshwara Nagar, LSP Oil Mill Backside, Pallapatty, Salem, Salem District comprised in T.S.No.2/9B2, New S.No.26/5.
For Petitioner : Mr.R.C.Paul Kanagaraj for Mr.K.Desingh For Respondents : Mr.C.Emalias, Addl. Public Prosecutor ORDER This Criminal Original Petition has been filed seeking a direction to the respondents to provide protection for life and safety of the petitioner and his family members and servants for fencing the property and other miscellaneous works in the property situated in T.S.No.2/9B2, New S.No.26/5 at Ravaneshwara Nagar, LSP Oil Mill Backside, Pallapatty, Salem District.
2. Heard both sides and perused the records.
3. The averments made in this petition, if viewed in the light of the documents enclosed in the typed set of papers, would reveal that as the petitioner is the owner of the property situated in T.S.No.2/9B2, New S.No.26/5 at Ravaneshwara Nagar, LSP Oil Mill Backside, Pallapatty, Salem District, this Court by order dated 25.04.2017 in Crl.O.P.No.7398 of 2017, directed the Inspector of Police, Pallapatty Police Station, Salem District to provide adequate protection to the petitioner for a period of three weeks, for the purpose of putting up a borewell in the property. Accordingly, police protection was given to the petitioner and bore well was installed in his property. Subsequently, the petitioner intended for fencing his property for the purpose of safety and security and for doing the same, he approached the respondent police, but his request was rejected by the respondent police and he was directed to obtain an order in this regard from this Court. Such sort of approach by the respondent police, in my view, cannot be countenanced, as the petitioner is the owner of the property in question, he is entitled to do any work within his property. Hence, there is no impediment for the respondents to provide protection to the petitioner, for the purpose of fencing his property, unless or otherwise the same is legally prohibited.
4. In view of the above, the order dated 25.04.2017 passed by this Court in Crl.O.P.No.7398 of 2017 shall also be read to the effect that the police protection be provided to the petitioner for fencing the property also. Accordingly, the criminal original petition is disposed of.
22.06.2017 Index:Yes/No rk To
1. The Commissioner of Police, Salem District, Salem.
2. The Deputy Commissioner of Police, Salem District, Salem.
3. The Assistant Commissioner of Police, Salem District, Salem.
4. The Inspector of Police, Pallapatty Police Station, Salem District.
5. The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in R.MAHADEVAN, J.
rk Crl.O.P.No.10624 of 2017 DATED: 22.06.2017