← Library
Madras High CourtWP/8045/2025disposed of

Tamilarasan v. The Superintendent Of Police

2025-03-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Tamilarasan ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Salem, Salem District.

2. The Deputy Superintendent of Police, Attur Range, Salem District.

3. The Inspector of Police, Attur Rural Police Station, Salem District.

4. Karuppanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, direct the respondents 1 to 3 to give police protection for survey the said land and put up the fencing of the petitioner's land admeasuring 0.50 cents comprised in Old S.No.370/2 New S. No.370/2A in old Patta No.575 situated at Ramanakanpalayam South Village, Attur taluk and sub Registration Salem East Registration District based on the Petitioner's representation dated 05.02.2025.

For Petitioner : Mr.G.Anbuchezheiyan For R1 to R3 : Mr.K.M.D.Muhilan Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 3 to give police protection to survey the land and put up the fencing of the petitioner's land ad-measuring 0.50 cents comprised in Old S.No.370/2 New S.No.370/2A in old Patta No.575 situated at Ramanakanpalayam South Village, Attur taluk and sub Registration Salem East Registration District based on the Petitioner's representation dated 05.02.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents 1 to 3 and perused the materials available on record.

3. It is seen that the fourth respondent disturbed the peaceful possession and enjoyment of the petitioner's property ad-measuring 0.50 cents comprised in Old S.No.370/2 New S.No.370/2A in old Patta No.575 situated at Ramanakanpalayam South Village, Attur taluk and Sub Registration Salem East Registration District and there is a boundary dispute between them. Therefore, the petitioner applied to survey the subject property and also paid

the requisite fees. However, when the surveyor was about to survey the petitioner's property, the fourth respondent obstructed the surveyor from surveying the petitioner's property.

4. In view of the above, if any surveyor is engaged to survey the petitioner's property and if the surveyor finds any obstruction from the fourth respondent or any adjacent land owners, the surveyor can very well seek for police protection before the third respondent. On receipt of the said request, the third respondent is directed to conduct enquiry and pass appropriate orders on merits and in accordance with law to provide police protection to survey the petitioner's property.

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

07.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Superintendent of Police, Office of the Superintendent of Police, Salem, Salem District.

2. The Deputy Superintendent of Police, Attur Range, Salem District.

3. The Inspector of Police, Attur Rural Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

07.03.2025