M.Vishnu v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13154 of 2025 M.Vishnu ... Petitioner Vs.
1.The Superintendent of Police, Salem District, Salem.
2.The Inspector of Police, Vazhapadi Police Station, Vazhapadi, Salem District.
3.The Tahsildar, Vazhapadi Taluk, Vazhapadi, Salem District.
4.The Taluk Surveyor, Vazhapadi Taluk, Vazhapadi, Salem District.
5.Balasubramaniam 6.Kumaresan 7.Sankar ..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 police to give adequate police protection to the respondents 3 and 4 to measure and laid down the boundary stones consequently erect fencing the petitioner's land situated in S.No.125/5, Mannarpalayam Village, Vazhapadi Taluk, Salem District to the extent of 2.68 acres.
For Petitioner : Mr.C.Prakasam For R1 and R2 : Mr.R.Vinothraja, Government Advocate (crl.side) For R3 and R4 : 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 adequate police protection to the third and fourth respondents to enable them to measure and lay down the boundary stones, and subsequently erect fencing around the petitioner's land situated in S.No. 125/5, Mannarpalayam Village, Vazhapadi Taluk, Salem District, measuring 2.68 acres.
2. Heard both sides and perused the materials placed on record.
3. The petitioner is the owner of the property comprised in S.No. 125/5, Mannarpalayam Village, Vazhapadi Taluk, Salem District, measuring 2.68 acres. In order to lay down the boundary stones and erect fencing around the property, the petitioner decided to have the property surveyed. In this regard, the petitioner submitted an application before the revenue authorities along with the requisite fees. However, when the surveyor visited the property to conduct the survey, respondents 5 to 7 obstructed the surveyor from carrying out the survey. The surveyor, in turn, communicated with the second respondent seeking police protection to facilitate the survey of the property. Despite this, the second respondent failed to provide the requested police protection.
4. In view of the facts and circumstances of the case, the second respondent is hereby directed to conduct an enquiry on the request made by the third respondent, after issuance of notice to the petitioner and the counter-parties, and pass appropriate orders within a period of two weeks
from the date of receipt of a copy of this order. During the course of the enquiry, if deemed necessary, the second respondent shall provide adequate police protection to the surveyor in order to facilitate the surveying of the petitioner's land.
5. With the above directions, the writ petition is disposed of. No costs.
09.04.2025 : Yes/No Speaking/non-speaking order shk
To 1.The Superintendent of Police, Salem District, Salem.
2.The Inspector of Police, Vazhapadi Police Station, Vazhapadi, Salem District.
3.The Tahsildar, Vazhapadi Taluk, Vazhapadi, Salem District.
4.The Taluk Surveyor, Vazhapadi Taluk, Vazhapadi, Salem District.
5. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
shk W.P.No.13154 of 2025 09.04.2025