K.Manickam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2024

CORAM:

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN and W.M.P.No.15627 of 2024 1.K.Manickam 2.M.Kannan ... Petitioners Vs 1.The Commissioner of Police, Salem City Police Commissioner Office, Line Medu, Gugai, Salem - 636 006.

2.The Inspector of Police, Sooramangalam Police Station, Salem City.

3.R.Paapathi ... Respondents PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any appropriate Writ or order or direction, directing the 1st & 2nd respondents to provide adequate police protection to the life and limb of the petitioners and their family members at the time of surveying the petitioners and their family members at the time of surveying the petitioner's land in survey No.92/2B, Ward - A, Block - 30, in T.S.No.114 admeasuring 4376 sq.feet and 1666 sq. feet situate at Jakir Reddypatti, Jakir

Ammapalayam, Salem West, Sooramangalam, Salem City and pass any orders. For Petitioners : Mr.L.Ramanathan For Respondents : Mr.K.M.D.Muhilan for RR1 & 2 Government Advocate (Crl.Side) : Mr.R.Marudhachalamurthy for R3

ORDER

The petitioners herein, seeking Police protection at the time of surveying the petitioner's land as preferred in this Writ Petition.

2. According to the petitioner, due to threat by the third respondent, he is not able to measure his land as per the order passed by the RDO and there is threat to life by the third respondent and his henchmen. The third respondent has entered appearance through a counsel, submits that regarding the division of the land for which joint Patta was issued, there is a dispute pending before the Revenue Authorities. The order of the RDO has been challenged by the third respondent by way of a Revision Petition and the same is pending on the file of the District Collecter. Since the dispute regarding the boundary is pending before the Competent Authority, survey of the land pending the dispute is not propoer.

3. Taking note of the fact that the boundary dispute has to be first determined by the District Collector before whom, the Review Petition is pending, the petitioner herein seeks for Police protection for measuring the land after the outcome of the Revision, pending before the District Collector observations.

4. Accordingly, this Writ Petition is disposed on. No costs. Consequently, connected miscellaneous petition is closed.

08.07.2024 gba Index : Yes/No Speaking order : Yes/No To 1.The Commissioner of Police, Salem City Police Commissioner Office, Line Medu, Gugai, Salem - 636 006.

2.The Inspector of Police, Sooramangalam Police Station, Salem City.

Dr.G.JAYACHANDRAN gba and W.M.P.No.15627 of 2024 08.07.2024