D.Sathishkumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.360 of 2024 D.Sathishkumar ... Petitioner Vs.
1.The Superintendent of Police, SP Office Campus, Krishnagiri District - 635 201.
2.The Inspector of Police, Barur Police Station, Barur Post, Pochampalli Taluk, Krishnagiri District.
3.The Tahsildar, Taluk Office Campus, Pochampalli, Krishnagiri District.
...Respondents
PRAYER : Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondent to give the adequate police protection to measure the land and also to put up fencing the land situates in S.F.No. 344/1B, 344/2A, 346/1A2, 346/1B1 Measuring 5700 square feet, Pannathur Village, Pochampalli Taluk, Barur Sub Registration District, Dharmapuri Registration District by considering the petitioner representation dated 03.11.2023. 1/7
For Petitioner : Mr.M.Vignesh For Respondents : Mr.A.Damodaran Additional Public Prosecutor for 1 to 3
O R D E R
This writ petition has been filed seeking for police protection to fence the property based on the representation given by the petitioner on 03.11.2023. 2.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents.
3.The petitioner claims to be the owner of the subject property. He wanted to measure the property and to lay the boundary stones. He made an application before the Tahsildar in this regard. Since the same was not considered, the petitioner filed W.P.No.28851 of 2023, seeking for directions. 4.The above writ petition was disposed of by this Court on 06.10.2023 and this Court directed the jurisdictional Tahsildar to deal with the application given by the 2/7
petitioner and to survey the land by affording opportunity to all the interested parties, within a period of two months.
5.Pursuant to the above order, since the petitioner anticipated interference during the survey, the petitioner gave a representation before the 2nd respondent on 03.11.2023, seeking for police protection. Since the same was not acted upon, the present writ petition has been filed before this Court.
6.The learned Additional Public Prosecutor on instructions submitted that the representation made by the petitioner is not available with the 2nd respondent. Hence, if the petitioner makes a fresh representation/complaint before the 2nd respondent, it will be acted upon by the 2nd respondent in accordance with law. 7.Taking into consideration the facts and circumstances of the case and the earlier order that was passed by this Court in W.P.No.28851 of 2023, dated 06.10.2023 and also the grievance expressed by the petitioner, there shall be a direction to the petitioner to submit a fresh representation before the 2nd respondent by informing the 2nd respondent as to when the proposed survey is going to be conducted by the Tahsildar. On such receipt of the representation, the 2nd respondent shall co-ordinate with the 3/7
Tahsildar and if any interference is anticipated, police protection shall be given. While conducting the survey, the revenue authority shall keep in mind the directions given by this Court in W.P.No. 28851 of 2023, dated 06.10.2023. 8.This writ petition is disposed of with the above directions. No Costs. 09.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Superintendent of Police, SP Office Campus, Krishnagiri District - 635 201.
2.The Inspector of Police, Barur Police Station, Barur Post, Pochampalli Taluk, Krishnagiri District.
3.The Tahsildar, Taluk Office Campus, Pochampalli, Krishnagiri District.
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4.The Public Prosecutor, High Court, Madras.
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N.ANAND VENKATESH, J ssr W.P.No.360 of 2024 09.01.2024 7/7