1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.05.2011 C o r a m The HONOURABLE MR.JUSTICE A.SELVAM Crl.O.P.(MD).No.6295 of 2011 & M.P.No.1 of 2011 U.Arumugam .. Petitioner Vs. 1.The Inspector of Police, Kalakadu Police Station, Kalakadu, Tirunelveli District. 2.The District Superintendent of Police, Tirunelveli District, Tirunelveli. .. Respondents This petition has been filed under Section 482 of Cr.P.C., praying to direct the respondents herein to give police protection to the petitioner herein at the time of harvesting the fishes in Pullankurichi tank in Kaduvetti village, as sought for in the representation given by the petitioner dated 19.05.2011. For petitioner : Mrs.Vijayakumari For respondents : Mr.K.Mahendran, Government Advocate, (Criminal side) For Intervenor : Mr.R.J.Ramesh Raja ORDER This criminal original petition has been filed so as to give police protection to the petitioner at the time of harvesting fish in Pullankurichi tank in Kaduvetti village. 2.The learned counsel appearing for the petitioner has contended that the petitioner is having fishery right in the tank in question and now the petitioner is going to harvest fish and since some unwanted elements are going to restrain the petitioner from harvesting fish, the present petition has been filed for getting the relief sought for therein. 3.The learned counsel appearing for the intervener has represented that the petitioner has no locus standi to harvest fish from the tank in question and therefore the present petition is not legally maintainable. 4.The learned counsel appearing for the petitioner as well as the learned counsel appearing for the intervener have fairly conceded that with regard to proprietary interest over the tank in question, original suit No.1 of 2011 has been filed on the file of the Principal District Munsif Court, Nanguneri and the same is pending. 5.Considering the fact that with regard to proprietary interest of the petitioner and others, O.S.No.1 of 2011 is pending on the file of the court mentioned supra, this Court is of the view to direct the Tahsildar, Nanguneri to make suitable arrangements so as to harvest fish from the https://hcservices.ecourts.gov.in/hcservices/ 2 tank in question and sell the same in public auction and also to deposit sale proceeds in O.S.No.1 of 2011. 6.With the above observations, this petition is disposed of. The Tahsildar, Nanguneri is directed to make suitable arrangements to harvest fish from Pullankurichi tank in Kaduvetti village and sell the same in public auction or whatever methods known to him and deposit sale proceeds in O.S.No.1 of 2011 on the file of the Principal District Munsif Court, Nanguneri within ten days from the date of receipt of a copy of this order. The Registry is directed to send a copy of this order to the Tahsildar, Nanguneri. Sd/- Vacation Officer (CO) /True copy/ Sub Assistant Registrar To. 1.The Inspector of Police, Kalakadu Police Station, Kalakadu, Tirunelveli District. 2.The District Superintendent of Police, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Nanguneri. 4. The District Munsif, Nanguneri, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.S.Natarajan, Advocate SR.17011 Vs SR : 31.05.2011 : 2p/7c Crl.O.P.(MD).No.6295 of 2011 https://hcservices.ecourts.gov.in/hcservices/