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Madras High CourtWP/11999/2025disposed of

N.Natesan v. The Superintendent Of Police,

2025-04-04Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.11999 of 2025 N.Natesan ... Petitioner Vs.

1.The Superintendent of Police, Salem District, Salem.

2.The Deputy Superintendent of Police, Mettur Sub Division, Salem District.

3.The District Collector, Salem, Salem District.

4.The Tahsildar, Mettur Taluk, Salem District.

5.The Inspector of Police, Mecheri Police Station, Salem City, Salem District.

6.A.Palani 7.A.Chinnappaiyan 8.K.Munsamy

9.A.Palanisamy 10.A.Chinnasamy 11.A.Kumar ..Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the fifth respondent to consider and dispose of the representation dated 21.02.2025 with regard to giving police protection to have his landed properties in Survey No.267/1 and 267/1A1A at Ollaipatti Village, Mettur Taluk, Salem District and to put up fencing.

For Petitioner : M/S.G.Punniakoti For R1, R2 & R5 : Mr.R.Vinothraja, Government Advocate (crl.side) For R3 & R4 : Mr.P.Balathandayutham, Special Government Pleader.

O R D E R

This petition has been filed seeking a direction to the fifth respondent to consider and dispose of the representation dated 21.02.2025, submitted by the petitioner, requesting police protection for his landed properties in Survey Nos. 267/1 and 267/1A1A at Ollaipatti

Village, Mettur Taluk, Salem District, and for the purpose of putting up fencing around the same.

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

3. The petitioner is in possession and enjoyment of the property comprised in Survey No.267/1 and 267/1A1A at Ollaipatti Village, Mettur Taluk, Salem District. While in possession, the petitioner decided to have the property surveyed for the purpose of putting up a fence. In this regard, the petitioner filed an application before the revenue authorities along with the requisite fees. However, when the surveyor visited the property to conduct the survey, the respondents 6 to 11 obstructed the surveyor from carrying out the survey. Consequently, the petitioner submitted a representation seeking police protection to facilitate the survey of the property.

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, the surveyor is entitled to seek

assistance from the fifth respondent, who shall provide the necessary police protection. On receipt of such a request, the fifth respondent is directed to conduct an enquiry after issuance of notice to the petitioner and the counter parties and pass orders within a period of two weeks from the date of receipt of the request made by the surveyor. 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.

04.04.2025 : Yes/No Speaking/non-speaking order shk To 1.The Superintendent of Police, Salem District, Salem.

2.The Deputy Superintendent of Police, Mettur Sub Division, Salem District.

3.The District Collector, Salem, Salem District.

4.The Tahsildar, Mettur Taluk, Salem District.

5.The Inspector of Police, Mecheri Police Station, Salem City, Salem District.

6. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

W.P.No.11999 of 2025 04.04.2025