Madras High CourtWP Crl./436/2026disposed of

R. Hari Prasanna v. The Inspector Of Police,

2026-03-12Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR R. Hari Prasanna ..Petitioner Vs 1.The Inspector of Police, Selvapuram Police Station (L and O), Coimbatore.

2.V.Ganesh Kumar ..Respondent Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider and give police protection to survey the petitioner's property in New Survey No.517/2A on his representation dated 02.01.2026, is acknowledged on 12.01.2026 and dispose the same within the stipulated time.

For Petitioner :

Mr.T.Annaamalai For Respondents :

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor for R-1

ORDER

The present Writ Petition has been filed to direct the first respondent to consider and give police protection to survey the petitioner's property in New Survey No.517/2A on his representation dated 02.01.2026, which is acknowledged on 12.01.2026 and dispose of the same within the stipulated time.

The petitioner has sent a representation on 02.01.2026 to the first respondent seeking for police protection to survey the petitioner's land and to mark the boundaries. According to the petitioner, the petitioner's uncle second respondent and one Murugavel had obstructed the Surveyor while he went to survey the land on 09.11.2025. Earlier, the petitioner had obtained Civil Court's decree in his favour in O.S.No.735 of 2025. It is a final decree and the same has been registered in Sub Registrar's Office, Kovai (South). There is a common pathway in the said property. The Civil Court had declared the common pathway. The petitioner had also paid the requisite fee to the revenue authority on 23.09.2025. This being so, the second respondent and Murugavel have no authority to obstruct the survey of the land. More so, the Public servant was prevented from discharging his official duty. Therefore, the first respondent had failed to give police protection. Hence, the petitioner has filed this Writ Petition.

The learned Additional Public Prosecutor appearing for the respondent police submitted that if the petitioner appears before the first respondent along with the requisite documents and proof, the same will be considered and police protection will be granted to the Surveyor to survey the land as per the Civil Court's decree.

Heard the learned counsel appearing for the petitioner and the leaned Additional Public Prosecutor appearing for the first respondent. 5.

Considering the submission made by the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police, the first respondent is directed to give police protection to survey the land of the petitioner. It is made clear that the Surveyor shall visit the site and if any objections found, the same shall be considered and unless there is any order from the competent Civil Court, the survey shall be conducted.

With the above direction, this Writ Petition is disposed of. 12-03-2026 Index: Yes/No Speaking/Non-speaking order SRM

M.NIRMAL KUMAR, J.

SRM To 1.The Inspector of Police, Selvapuram Police Station (L and O), Coimbatore.

2.The Public Prosecutor, High Court of Madras.

12-03-2026