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Madras High CourtWP/16232/2025disposed of

M.E.Shanmugam v. The Tahsildar

2025-06-02Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ M.E.Shanmugam ... Petitioner Vs.

1. The Tahsildar, Edapadi, Salem District.

2. The Inspector of Police, Edapadi Police Station, Salem District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to survey and fix the boundary in S.No. 5/5A1, Chettimankurichi Village, Edappadi Taluk, Salem District and consequently directly the 2nd respondent to provide adequate police protection to the 1st respondent to survey. For Petitioner(s) : Mr.P.K.Shiva Kumar For R1 : Mr.A.Selvendran Special Government Pleader For R2 : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/5

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the 1st respondent to survey and fix the boundary in S.No. 5/5A1, Chettimankurichi Village, Edappadi Taluk, Salem District and consequently directly the 2nd respondent to provide adequate police protection to the 1st respondent to survey.

3. It is submitted by the learned counsel for the petitioner that the petitioner submitted a representation before the 1st respondent on 19.06.2024 to survey and fix the boundary of the subject land. In response the 1st respondent sent a letter to the 2nd respondent seeking police protection for measuring the land and demarcate the boundaries. However, no proceedings has been initiated till date. Hence, this writ petition.

4. The learned Special Government Pleader, Mr.A.Selvendran appearing 2/5

for the 1st respondent would submit that they would conduct a survey and fix the boundary of the subject property within a time frame fixed by this Court. The request for police protection would also be considered and appropriate orders would be passed by the 1st respondent, which was agreed to by the learned counsel for the petitioner.

5. It is further submitted by the learned Special Government Pleader that in case police protection is required they would request the 2nd respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar appearing for the 2nd respondent would submit that if any such request is made by the 1st respondent adequate police protection will be granted.

6. In view thereof, the writ petition stands disposed of with a direction to the 1st respondent to conduct a survey and fix the boundary of the subject property, after putting the petitioner, adjacent land owners and any other interested parties, rival claimants, if any on notice, within a period of 8 weeks from the date of receipt of a copy of this order. It is open to the 1st respondent to request for police protection before the 2nd respondent. If any such request is made the 2nd respondent is directed to provide adequate police protection for conducting the survey. It is made clear that this Court has not expressed any 3/5

views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

02.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:

1. The Tahsildar, Edapadi, Salem District.

2. The Inspector of Police, Edapadi Police Station, Salem District.

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MOHAMMED SHAFFIQ, J.

spp 02.06.2025 5/5