Kalasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Kalasamy .....

Petitioner Vs 1.The Inspector of Police Thalavadi Police Station Thalavadi Taluk Erode District.

2.The Taluk Surveyor Thalavadi Taluk Erode District.

3.Pasuvanna 4.Kalamani 5.Mallappa 6.Mallukallamma .....

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st respondent herein to grant police protection to the petitioner to survey, measure and fence his farming land situated at vacant plot measuring 2.83 acres in S.F No.113/3A, Mathahalli Village, Talawadi circle, as per complaint of the petitioner dated 27.11.2024.

For Petitioner : Mr. U.Anunitha For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side) For R2 : Mr.P.Balathandayuthan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to provide adequate police protection to enable the petitioner to survey his property and fence the same.

2. The learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Special Government Pleader appearing for the second respondent. Perused the materials available on record.

3. The petitioner owned property comprised in S.F.No.113/3A, admeasuring 2.83 acres, situated at Mathahalli Village, Talawadi Circle. The petitioner intended to fence his property and as such, the petitioner submitted an application to the Revenue Department, along with the requisite fees, seeking survey of the land. When the

second respondent attempted to carry out the survey, the respondents 3 to 6 herein objected and opposed the same.

4. In view of the above, the second respondent finds any hindrance or obstruction from the hands of the respondents 3 to 6 while surveying the petitioner's land, the second respondent can very well seek police protection from the first respondent. On receipt of such request, the first respondent is directed to conduct an enquiry, after issuing notice to the petitioner and the respondents 3 to 6, and pass appropriate orders to provide police protection to facilitate the survey of the petitioner's property, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

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To 1.The Inspector of Police Thalavadi Police Station Thalavadi Taluk Erode District.

2.The Taluk Surveyor Thalavadi Taluk Erode District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

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