C.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.Elumalai ... Petitioner Vs.

1. The District Collector, District Collectorate, Salem.

2. The Revenue Divisional Officer, Office of Revenue Divisional Office,

3. The Tahsildar, Taluk Office, Mettur Taluk, Mettur,

4. The Commissioner of Police, Ammapettai, Office of Police Commissionerate, Maasinayakanpatti, Ayothiyapattanam, Salem.

5. The Inspector of Police, Veeranam Police Station, Veeranam,

6. The Taluk Surveyor, Salem, Salem District.

7. Manickam

8. Thangaraj

9. Chitra

10. Manickam

11. Raja ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th and 5th respondents to give police protection for measuring and to make fencing around the petitioner's property comprised in re-survey No.37/4 situated at Vedapatti Village, Salem Taluk, Salem District based on the petitioner representation.

For Petitioner : Mr.Bala Ramesh For Mr.R.Suryaprakash For Respondents For R1, 3 to 6 : Mr.P.Balathandayutham Special Government Pleader For R4 & R5 : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This writ petition has been filed seeking direction directing the fourth and fifth respondent to provide adequate police protection to survey the property comprised in re-survey No.37/4 situated at Vedapatti Village, Salem Taluk, Salem District.

The petitioner owned property comprised in re-survey No.37/4 situated at Vedapatti Village, Salem Taluk, Salem District. While being so, the counter parties disturbed the petitioner's peaceful possession and enjoyment of the said property. Therefore, the petitioner had decided to fence the property. In order to survey and fix the boundary, the petitioner submitted representation along with requisite fee before the revenue authority. When the surveyor was engaged and proceed to survey the petitioner's property, there was obstruction by the adjacent land owners. Therefore, the surveyor could not able to survey the property. Considering the above facts and circumstances, if the surveyor finds any obstruction while surveying the petitioner's property comprised in re-survey No.

37/4 situated at Vedapatti Village, Salem Taluk, Salem District, the surveyor can very well ask protection before the fifth respondent and on receipt of the same, the fifth respondent is directed to conduct enquiry after issuance of notice to the petitioner and counter parties and pass orders to provide adequate police protection to survey the petitioner's property, on merits in accordance with law.

4.

With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

03.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The District Collector, District Collectorate, Salem.

2. The Revenue Divisional Officer, Office of Revenue Divisional Office,

3. The Tahsildar, Taluk Office, Mettur Taluk, Mettur,

4. The Commissioner of Police, Ammapettai, Office of Police Commissionerate, Maasinayakanpatti, Ayothiyapattanam, Salem.

5. The Inspector of Police, Veeranam Police Station, Veeranam,

6. The Taluk Surveyor, Salem, Salem District.

7. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 03.03.2025