Madras High CourtWP/7198/2023disposed of

Palanisami v. The Superintendent Of Police

2023-09-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Palanisami ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Namakkal - 637 003.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Thiruchengode Road, Namakkal - 637 003.

3.The Inspector of Police, Sendamangalam Police Station, Sendamangalam, Namakkal District.

4.Nallamuthu 5.Eshwaran

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to give police protection to the petitioner, Tahsildar and Surveyor to survey the petitioner's property without any disturbances comprised in Patta No.86, Old Survey No.168/1, New Survey No.248/1 totally measuring to an extent 1/4

of 9.24 cents at Puthukadu, Sottapalathu Village, Perakkarainadu, Namakkal District and to consider the petitioner's representation dated 07.02.2023. For Petitioner : Mr.Deepan Uday For Respondents-1 to 3 : Mr.A.Gopinath Government Advocate (Crl. Side) For Respondents-4 & 5 : No appearance

O R D E R

This writ petition has been filed for a direction to the respondent police to provide police protection to the petitioner to enable the Tahsildar to survey the subject property based on the representation dated 07.02.2023.

2. Heard the learned counsel for petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of respondents 1 to 3.

3. Learned Government Advocate on instructions submitted that the enquiry was conducted in C.S.R.No.10 of 2023. During enquiry, the private respondents undertook that they will not cause any disruption to the survey being conducted by the Tahsildar and based on the same the CSR was closed on 12.03.2023.

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4. In the light of the above submission made by the learned Government Advocate, it is left open to the petitioner to proceed with the survey with the help of Tahsildar and if the private respondents go back on their undertaking, the third respondent shall ensure that police protection is granted at the time of conducting survey and action is taken against persons, who are causing law and order problem.

5. This writ petition is disposed of in the above terms. 20.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order rsi 3/4

N.ANAND VENKATESH, J rsi To 1.The Superintendent of Police, Office of Superintendent of Police, Namakkal - 637 003.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Thiruchengode Road, Namakkal - 637 003.

3.The Inspector of Police, Sendamangalam Police Station, Sendamangalam, Namakkal District.

4.The Public Prosecutor, High Court, Madras.

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