This Criminal Original Petition has been filed seeking a direction to the second respondent to provide police protection for the petitioner to carry out business operations in S.No.420/4 of Vinnamangalam Village as per the complaint of the petitioner dated 16.12.2016.
2. According to the petitioner, he is the proprietor of M/s.Amman Blue Metals, involved in the business of blue metals. He is having quarrying licence/lease for the hill region in S.No.420/4 adjoining S.No.420/1 vide proceedings of the Deputy Director of Geology and Mining, Vellore District dated 09.06.2016 till 23.06.2018. Be that as it may, the second respondent, at the instance of the third respondent, had restrained the petitioner from entering into S.No.420/1 or S.No.420/4, so as to settle the property in S.No.443, which was mortgaged by the petitioner with the bank and which was purchased by the third respondent through e-auction. Due to the same, the petitioner is unable to do the quarrying business, which compelled him to lodge a complaint dated 16.12.2016 with the second respondent seeking protection for carrying out the quarrying activities. Finding no response, the present petition came to be filed by the petitioner.
3. Learned counsel for the petitioner submitted that the third respondent, who was by order dated 12.01.2017, impleaded in this petition, is causing undue hindrance to the business operation of the petitioner. Therefore, the petitioner filed a complaint dated 16.12.2016 seeking police protection, which was not considered by the respondents.
4. On the other hand, learned counsel for the third respondent filed a counter affidavit on behalf of the third respondent, wherein, it has been specifically stated that the petitioner's property situated in S.No.443 was purchased by him through an auction conducted by the bank. After purchase, the third respondent has taken possession and is now enjoying the same. Further, learned counsel has brought the attention of this court to the avements made in the counter affidavit to the effect that S.No.420/1 is a Government poramboke land and no patta was granted in favour of the petitioner. As such, there is no need for directing the respondents to provide police protection to the petitioner. Learned counsel also submitted that the third respondent is in no way concerned with the property in S.No.420/1 or 420/4. Such statement was also averred in the counter affidavit filed by the third respondent.
5. I have also heard the learned Additional Public Prosecutor appearing for the respondents 1 and 2.
6. Considering the submissions made on either side, this Court directs the petitioner to submit all the documents relating to the property in S.Nos.420/1 and 420/4 to the respondents within a period of two weeks from the date of receipt of a copy of this order. On such submission, the respondents are directed to conduct enquiry and verify all the documents with regard to title over the property and thereafter pass appropriate orders with regard to police protection to the petitioner, within a period of two weeks therefrom.
7. This Criminal Original Petition is disposed of accordingly.
Index : Yes/No 20.03.2017 rk NOTE: ISSUE ON 23.03.2017 To
1. The Superintendent of Police, Vellore District, Vellore.
2. The Inspector of Police, Ambur Taluk Police Station, Vellore District.
3. The Public Prosecutor, High Court, Madras – 104.
R.MAHADEVAN, J.
rk Crl.O.P.No.123 of 2017 20.03.2017 http://www.judis.nic.in