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Madras High CourtWP/7548/2024disposed of

P.Mayilsamy v. Inspector Of Police,

2025-02-25Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. P.Mayilsamy

2. K.Muthusamy ... Petitioners Vs

1. Inspector of Police, Thally Police Station, Krishnagiri - 635001.

2. The Tahsildar, Udumalaipettai Taluk, Tiruppur - 642 207.

3. The Taluk Surveyor, O/o. Tahsildar, Udumalaipettai Taluk, Tiruppur - 642 207.

4. R.Sakthivel

5. R.Muthukrishnan ... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the first respondent to provide the Police protection to the third respondent for measuring the land an extent of 1/5

1 hectare 94.50 ares situated in Survey No.205/1B, Udumalaipettai Taluk, SRO, Komangalam registration District of Udumalapettai in view of the representation letter dated 06.02.2024 to the first respondent. For Petitioners : Mr.P.Tamilavel For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 Mr.P.Balathandayutham, Special Government Pleader (for R2 Y R3)

O R D E R

This Writ Petition has been filed directing the first respondent to provide Police protection to the third respondent for measuring the land owned by the petitioners, comprised in Survey No. 205/1B, measuring an extent of 1 hectare 94.50 ares, situated at Udumalaipettai Taluk, SRO, Komangalam registration District of Udumalapettai.

2. Heard the learned counsel for both sides and perused the materials available on record.

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3. The petitioners owned the land comprised in Survey No. 205/1B, measuring an extent of 1 hectare 94.50 ares, situated at Udumalaipettai Taluk, SRO, Komangalam registration District of Udumalapettai. Due to the dispute raised by the respondents 4 and 5, they filed a suit claiming easementary rights over the petitioners' property in O.S. No. 80 of 2023, on the file of the District Munsif Court, Udumalaipettai, and it is pending. While that being so, the petitioners, in order to survey their land, filed an application and also paid the requisite fee before the second respondent. In turn, the second respondent engaged the third respondent to survey the petitioners' land. However, the fourth and fifth respondents obstructed the third respondent from surveying the petitioners' land.

4. In view of the above, if the third respondent sought any Police protection while surveying the petitioners' land before the first respondent, the first respondent is directed to conduct an enquiry and to pass orders to provide adequate Police protection to the third respondent while surveying the petitioners' land.

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5. With the above directions, this Writ Petition is disposed of. No costs.

25.02.2025 2/2 Index:Yes/No kv To

1. The Inspector of Police, Thally Police Station, Krishnagiri - 635001.

2. The Tahsildar, Udumalaipettai Taluk, Tiruppur - 642 207.

3. The Taluk Surveyor, O/o. Tahsildar, Udumalaipettai Taluk, Tiruppur - 642 207.

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G.K.ILANTHIRAIYAN, J.

kv 25.02.2025 2/2 5/5