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Madras High CourtWP/9978/2025disposed of

Chinnapaiyan, v. The Inspector Of Police

2025-03-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chinnapaiyan ... Petitioner -Vs1. The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem District.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Taluk Surveyor, Tharamangalam Pirkka, Omalur Taluk, Salem District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to provide police protection to the surveying Authorities to survey the petitioner's land to an extent of an extent of 0.17.00 ares in S.No.647/38, 0.20.50 Ares in S.No.647/4E and 0.07.00 Ares in S.No.647/4H (totally the land of an extent of 1.10 acres) of Thesavilakku Therkku Village, Omalur Taluk, Salem District by considering his representation dated 29.01.2025.

For Petitioner : Mr.W.Camyles Gandhi For R1 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 and R3 : Mr.P.Balathandayutham Special Government Pleader O RDER This Writ Petition has been filed for direction directing the first respondent herein to provide police protection to the surveying Authorities to survey the petitioner's land to an extent of an extent of 0.17.00 ares in S.No.647/38, 0.20.50 Ares in S.No.647/4E and 0.07.00 Ares in S.No.647/4H (totally the land of an extent of 1.10 acres) of Thesavilakku Therkku Village, Omalur Taluk, Salem District by considering his representation dated 29.01.2025.

2. Heard both sides and perused the materials available on record.

3. The petitioner owned property to an extent of 0.17.00 ares in S.No.647/38, 0.20.50 Ares in S.No.647/4E and 0.07.00 Ares in S.No.647/4H (totally the land of an extent of 1.10 acres) of Thesavilakku Therkku Village, Omalur Taluk, Salem District. In order to fix the boundaries and also to settle the property in favour of his son, the petitioner intended to survey his lands and submitted an application with requisite fees before the second respondent. On

receipt of the same, the second respondent also engaged the third respondent to survey the petitioner's property. While the third respondent visited to survey the petitioner's property, he was obstructed by the neighbours of the subject property.

4. In view of the above, if the third respondent finds any difficulty or obstructions while surveying the petitioner's property, he can very well lodge a complaint before the first respondent seeking police protection. On receipt of the same, the first respondent is directed to conduct an enquiry and pass order to provide adequate police protection to the third respondent while surveying the petitioner's property.

5. With the above directions, this writ petition stands disposed of. No costs.

19.03.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Inspector of Police, Tharamangalam Police Station, Omalur Taluk, Salem District.

2. The Tahsildar, Omalur Taluk, Salem District.

3. The Taluk Surveyor, Tharamangalam Pirkka, Omalur Taluk, Salem District.

4. The Public Prosecutor, High Court, Madras.

19.03.2025