K.Muthusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15419 of 2025 K.Muthusamy ... Petitioner Vs.
1.The District Collector, District Collectorate, Tiruppur.
2.The Superintendent of Police, Office of Superintendent of Police, Palladam Road, Tiruppur.
3.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Udumalaipet, Tiruppur District.
4.The Inspector of Police, Udumalaipet Police Station, Udumalaipet, Tiruppur District 642 126.
5.The Taluk Tahsildar, Tahsildar Office,
Udumalaipet, Tiruppur District 642 126.
6.The Land Surveyor, Udumalaipet, Tiruppur District 642 126.
7.P.Thangavel 8.P.Swaminathan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the third and fourth respondents to give police protection for measuring and earmark the pathway in the Survey No.47, 48, 50 situated at Pukkulam Post, Udumalaipet Taluk, Tiruppur District as per the Judgment dated 18.12.2024 passed in S.A.No.719 of 2019 by this Court based on the petitioner's representation dated 03.03.2025. For Petitioner : Mr.R.Balaramesh For R2, R3 & R4 : Mr.A.Gopinath, Government Advocate (crl.side) For R1, R5 & R6 : Mr.P.Balathandayutham, Special Government Pleader.
O R D E R
This petition has been filed seeking a direction to the third and fourth respondents to provide police protection for measuring and earmark the pathway in the Survey Nos.47, 48 and 50 situated at Pukkulam Post, Udumalaipet Taluk, Tiruppur District, in accordance with the judgment dated 18.12.2024 passed by this Court in S.A.No.719 of 2019, based on the petitioner's representation dated 03.03.2025.
2. Heard both sides and perused the materials placed on record.
3. The petitioner is the owner of the property comprised in Survey Nos.47, 48 and 50 situated at Pukkulam Post, Udumalaipet Taluk, Tiruppur District. The suit filed by the petitioner in O.S.No.66 of 2012 before the learned District Munsif Court, Udumalaipet as against the seventh and eight respondents ended in favour of the petitioner, thereby declaring his right to a pathway to the said property. 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 seventh and eight respondents 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 fourth 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.
29.04.2025 : Yes/No Speaking/non-speaking order shk To 1.The District Collector, District Collectorate, Tiruppur.
2.The Superintendent of Police, Office of Superintendent of Police, Palladam Road, Tiruppur.
3.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Udumalaipet, Tiruppur District.
4.The Inspector of Police, Udumalaipet Police Station, Udumalaipet, Tiruppur District 642 126.
5.The Taluk Tahsildar, Tahsildar Office, Udumalaipet, Tiruppur District 642 126.
6.The Land Surveyor, Udumalaipet, Tiruppur District 642 126.
7. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
shk
W.P.No.15419 of 2025 29.04.2025