M.V.Balasubramaniam, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.V. Balasubramaniam .. Petitioner Vs

1. The Inspector of Police Thammampatti Police Station Attur Main Road Thammampatti Salem District

2. The Tahsildar Gengavalli Salem District

3. R. Balasubramanian .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to give police protection from the third respondent and his men at the time when survey is conducted by the second respondent to measure and demarcate the petitioner's property in Natham Patta No.655, measuring 0.574 sq. mtr. comprised in S.No.543/38 in Thammampatti Village, Gengavalli Taluk, Salem District, by considering the petitioner's complaint dated 26.02.2024.

For Petitioner Mr. R. Jayaprakash For R1 Mr. S. Sugendran Additional Public Prosecutor For R2 Mr. S. Jayachandran Government Advocate 1/4

O R D E R

This writ petition has been filed for a direction to the 1st respondent to give police protection to the 2nd respondent for conducting survey of the petitioner's property, based on his representation dated 26.02.2024.

2. Heard the learned counsel for the petitioner, learned Additional Public Prosecutor and the learned Government Advocate, appearing for the respondents 1 and 2 and perused the materials available on record.

3. According to the petitioner, he is the absolute owner of the subject property. However, the 3rd respondent is causing disturbance to the petitioner, even to survey the subject property. Hence, he filed the present writ petition seeking the aforesaid relief.

4. In such view of the matter, this Court cannot grant a direction to the 2nd respondent to give police protection to the 3rd respondent for conducting survey of the petitioner's property, exercising its power either 2/4

under Article 226 of the Constitution of India or under Section 482 Cr.P.C. It is for the petitioner to file an appropriate petition before the Court concerned under the Tamil Nadu Survey and Boundaries Act, 1923 and seek survey with the aid of an Advocate Commissioner. With the above observation, this writ petition stands dismissed. No costs.

05.06.2024 gya Index : Yes/No To

1. The Inspector of Police Thammampatti Police Station Attur Main Road Thammampatti Salem District

2. The Tahsildar Gengavalli Salem District 3/4

N.SATHISH KUMAR, J.

gya 05.06.2024 4/4