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Madras High CourtWP/7208/2025disposed of

M.R.Pradeepkumar v. The Superintendent Of Police

2025-02-28Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. M.R.Pradeepkumar

2. M.R.Nagaraj ... Petitioners Vs

1. The Superintendent of Police, Bargur Taluk, Krishnagiri District.

2. The Deputy Superintendent of Police, Bargur Taluk, Krishnagiri District.

3. The Sub Inspector of Police, Kandikuppam, Bargur Taluk, Krishnagiri District.

4. The Tahsildhar, Taluk Office, Bargur Taluk, Krishnagiri District.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to give Police protection to the petitioners, their representatives and the Revenue Officials including the fourth respondent for conducting a survey and marking the boundaries of the schedule mentioned lands by metes and bounds and thereafter to fence the schedule mentioned lands as per the boundaries marked pursuant to the survey conducted.

For Petitioners : Mr.P.H.Aravind Pandian, Senior Counsel for Mr. Pawan Jhabakh For Respondents : Mr. K.M.D.Muhilan Govt. Advocate (Crl. Side) (for R1 to R3) Mr.P.Balathandayutham, Special Government Pleader (for R4)

O R D E R

This Writ Petition has been filed for a direction directing the first to third respondents to provide adequate police protection while surveying and marking the boundaries of the petitioner's property comprised in S.No.303/1B2 (extent of 0.27.39 hectares) and S.No.304/5B (extent of 0.65.0 hectares) situated at Orappam Village, Bargur Taluk, Krishnagiri District.

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2. The petitioners owned the said properties. While that being so, the persons, who had no title over the properties, filed a vexatious suit in respect of the subject properties as against the petitioners in O.S. No. 75 of 2024 on the file of the District Munsif Court, Krishnagiri. The petitioners filed a Civil Revision Petition in C.R.P. No. 2963 of 2024 before this Court to strike off the plaint in O.S. No. 75 of 2024 on the file of the District Munsif Court, Krishnagiri. This Court, by order dated 07.02.2025, allowed the said Civil Revision Petition and thereby struck off the plaint in O.S. No. 75 of 2024. This Court also observed that the original revenue records of the Government prior to the year 1984, i.e., 1954 to 1987, clinchingly establish the fact that S. Nos. 303/1 and 304/5 are classified as Ryotwari Punjai land and stood in the name of private individuals. Therefore, the contention of the plaintiff therein that the classification has been wrongly changed only in the year 1984 itself is classified.

3. Thereafter, when the petitioners filed an application to survey the land and mark the boundaries of their properties, along with the requisite fees. Thereafter, the fourth respondent engaged a surveyor and was 3/6

about to survey the petitioners' properties. Once again, the same third party, viz., the plaintiff in O.S. No. 75 of 2024, obstructed the fourth respondent and the surveyor from surveying their properties. Therefore, the petitioners submitted a representation seeking police protection to survey and mark the boundaries of their land.

4. In view of the above, the fourth respondent and Surveyor, while surveying the petitioners' land, if they find any obstruction from the third party in surveying and marking the boundaries of the petitioners' land, they can seek Police Protection before the third respondent. On such request, the third respondent is directed to provide adequate police protection to the authorities to survey the petitioners' land forthwith.

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

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To

1. The Superintendent of Police, Bargur Taluk, Krishnagiri District.

2. The Deputy Superintendent of Police, Bargur Taluk, Krishnagiri District.

3. The Sub Inspector of Police, Kandikuppam, Bargur Taluk, Krishnagiri District.

4. The Tahsildhar, Taluk Office, Bargur Taluk, Krishnagiri District.

5. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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