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Madras High CourtWP/13836/2025disposed of

M.Marimuthu v. The Superintendent Of Police

2025-04-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13836 of 2025 M.Marimuthu ... Petitioner Vs.

1.The Superintendent of Police, Salem District.

2.State rep by Inspector of Police, Ammampettai Police Station, Salem.

3.Meiyappan.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 27.03.2025 and to provide police protection to conduct the survey in petitioner's land.

For Petitioner : M/s.A.S.Neela Narayani For R1 and R2 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This petition has been filed seeking a direction to the second respondent to consider the petitioner's representation dated 27.03.2025 and to provide police protection to conduct the survey in petitioner's land.

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

3. The petitioner is the owner of the property situated in Salem District, Ammampet Village within the South Panchayat boundary originally bearing M.S.N.322A BU.A.2/66 D.R.3.0.10 and now assigned with new Survey No.403/28. While being so, the petitioner decided to have the property surveyed. 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 third respondent 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 second respondent, who shall provide the necessary police protection. On receipt of such a request, the second 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.

17.04.2025 : Yes/No Speaking/non-speaking order shk G.K.ILANTHIRAIYAN, J.

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

2.The Inspector of Police, Ammampettai Police Station, Salem.

3.The Commissioner of Police, Salem District.

4. The Public Prosecutor, High Court, Madras.

W.P.No.13836 of 2025 17.04.2025