V.Babu Rajasekaran v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8859 of 2025 V.Babu Rajasekaran ... Petitioner Vs.
1.The State of Tamilnadu, rep. By Superintendent of Police, Thirupathur District, Thirupathur 635 601.
2.The Inspector of Police Natrampalli Police Station, Thirupathur District 635 852.
3.The Tahsildar, O/o Tahsildar, Narampalli Taluk, Thirupathur District 635 852.
4.The Firka Surveyor Ammanankoil Firka Natrampalli Taluk O/o Tahsildar Natrampalli Thirupathur District 635 852. ..Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first and second respondents to provide police assistance, enabling the fourth respondent to measure, survey and lay the boundary stones and ironmesh over the lands S.No.168A/1B2D1 (1 Are) and S.No.168A/4 (17 ares), of Ammanankoil Revenue Village, Natrampalli Taluk, Thirupathur District, in pursuant to the representation dated 30.01.2025. For Petitioner : M/s.S.Sridevi For R1 and R2 : Mr.A.Gopinath, Government Advocate (crl.side) For R3 : Mr.P.Balathandayutham, Special Government Pleader.
O R D E R
This petition has been filed seeking a direction to the first and second respondents to provide police assistance to enable the fourth respondent to measure, survey and lay boundary stones and an iron mesh over the lands in Survey Nos. 168A/1B2D1 (1 Are) and 168A/4 (17
Ares) of Ammanankoil Revenue Village, Natrampalli Taluk, Thirupathur District, in pursuance of the representation dated 30.01.2025.
2. Heard both sides and perused the materials placed on record.
3. The petitioner is the owner of the properties comprised in Survey Nos. 168A/1B2D1 (1 Are) and 168A/4 (17 Ares) in Ammanankoil Revenue Village, Natrampalli Taluk, Thirupathur District. It is submitted that there were certain incorrect entries in the patta of the subject property, which included the name of a third party. The third party instituted a suit against the petitioner's father in O.S. No. 1328 of 1993, which culminated in a finding that the said third party was not in possession of the lands in question. This finding was upheld by this Court in Second Appeal No. 873 of 2007. Upon the demise of the petitioner's father, the petitioner has been in possession of the subject property. In order to demarcate the boundary line and to erect a fence around the property, the petitioner applied for a survey of the land, along with the requisite fees. Though the revenue authorities engaged a
surveyor, the third party obstructed the surveyor from carrying out the survey.
4. In view of the facts and circumstances of the case, it is observed that in the event the surveyor encounters any obstruction or hindrance while surveying the petitioner's property for the purpose of fixing the boundary line, the surveyor is entitled to seek assistance from the second respondent, who shall provide the necessary police protection. On receipt of such a request, the second respondent is directed to conduct an enquiry and, if necessary, provide adequate police protection to the surveyor during the process of surveying the petitioner's land. 5.With the above directions, the writ petition stands disposed of. No costs.
17.03.2025 : Yes/No Speaking/non-speaking order shk
To 1.The State of Tamilnadu, rep. By Superintendent of Police, Thirupathur District, Thirupathur 635 601.
2.The Inspector of Police Natrampalli Police Station, Thirupathur District 635 852.
3.The Tahsildar, O/o Tahsildar, Narampalli Taluk, Thirupathur District 635 852.
4.The Firka Surveyor Ammanankoil Firka Natrampalli Taluk O/o Tahsildar Natrampalli Thirupathur District 635 852.
5. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
shk W.P.No.8859 of 2025 17.03.2025