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Madras High CourtWP/8767/2025disposed of

K.Saminathan v. The Superintendent Of Police

2025-03-13Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

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

1. The Superintendent of Police, O/o.The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Krishnagiri District.

3. The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

4. Arjunan

5. Munusamy

6. Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, to direct the 3rd respondent to give protection to conduct the survey and fix four boundaries of the petitioner property bearing in Patta No.43, 148 and

2931 comprised in S.Nos.140/34-0.1.89 Ares, 416/6-0.32 Ares, 422/20.38 Ares, 422/3A -0.7.28 Ares, 422/7A-0.10 Ares, 422/7B-0.10 Ares, 442/16-0.10 Ares, 442/17-0.13 Ares Land situated at Jagadab Village, Krishangiri Taluk, Krishnagiri District as per order in WP.No.30440 of 2024 dated 17.10.2024 by consider the petitioner representation dated 21.02.2025.

For Petitioner : Mr.S.Esakkimuthu For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the 3rd respondent to give protection to conduct the survey and fix four boundaries of the petitioner's property bearing in Patta No.43, 148 and 2931 comprised in S.Nos.140/34-0.1.89 Ares, 416/6-0.32 Ares, 422/20.38 Ares, 422/3A -0.7.28 Ares, 422/7A-0.10 Ares, 422/7B-0.10 Ares, 442/16-0.10 Ares, 442/17-0.13 Ares Land situated at Jagadab Village, Krishangiri Taluk, Krishnagiri District as per the order in WP.No.30440 of 2024 dated 17.10.2024 by considering the petitioner's representation dated 21.02.2025.

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. The petitioner owned property bearing in Patta No.43, 148 and 2931 comprised in S.Nos.140/34-0.1.89 Ares, 416/6-0.32 Ares, 422/2-0.38 Ares, 422/3A -0.7.28 Ares, 422/7A-0.10 Ares, 422/7B-0.10 Ares, 442/16-0.10 Ares, 442/17-0.13 Ares situated at Jagadab Village, Krishangiri Taluk, Krishnagiri District. When the petitioner was about to fence his property and fix the boundaries, he applied before the Revenue Authorities to survey his land and paid the requisite fees. A surveyor was engaged and while the surveyor came to the property to conduct the survey, the respondents 4 to 6 herein who are being the neighbouring land owners objected the same.

4. In view of the above, if any surveyor is engaged to survey the petitioner's property and if the surveyor finds any obstructions from the neighbouring land owners, the surveyor can very well approach the

third respondent for police protection. On receipt of the same, the third respondent is directed to conduct enquiry and pass appropriate orders to provide police protection to survey the property.

5. Accordingly, this Writ Petition petition is disposed of. No costs.

13.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

To

1. The Superintendent of Police, O/o.The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Krishnagiri District.

3. The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 13.03.2025