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Madras High CourtWP/16658/2024disposed of

Palanisamy v. The Superintendent Of Police

2025-03-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Palanisamy ... Petitioner Vs

1. The Superintendent of Police, Salem.

2. The Deputy Superintendent of Police, Omalur, Salem District.

3. The Inspector of Police, Omalur Police Station, Omalur.

4. The Thasildar, Omalur Taluk, Salem.

5. The Surveyor, Omalur Taluk, Omalur, Salem.

6. Subramani ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents 1 to 3 to given police production to survey the land by considering the fourth Respondent request letter in Na.Ka.No.1487 /

2024D dated 16.05.2024 and the petitioner representation on 04.06.2024. For Petitioner : Mr.D.Nandhagopal For R1 to R5 : Mr.A.Gopinath Government Advocate (Crl.side) For R6 : Mr.T.Ganesan

ORDER

This Writ Petition has been filed for direction directing the respondents 1 to 3 to given police production to survey the land by considering the fourth Respondent request letter in Na.Ka.No.1487 / 2024D dated 16.05.2024 and the petitioner representation on 04.06.2024.

2. Heard the learned counsel on either side and perused the materials available on record.

3. There is a dispute between the petitioner and the 6th respondent in respect of the subject property and also resulted in a civil suit in O.S.No.111 of 2024, on the file of the Sub Court, Omalur filed by the 6th respondent and two others as against the petitioner and others for declaration declaring that the first item of the suit property belongs to them and also for permanent injunction.

4. However, the petitioner applied for surveying his property

before the revenue authorities on payment of requisite fees. Though the civil suit is pending for declaration, there is absolutely no impediment for the revenue officials to survey the petitioner's property. In fact, it would be useful for the trial Court to dispose of the suit.

5. In view of the above, if the fifth respondent finds any obstruction while surveying the petitioner's land, the fifth respondent can very well seek for police protection before the third respondent. On receipt of the said request, the third respondent is directed to conduct an enquiry and pass order to provide adequate police protection to the fifth respondent while surveying the petitioner's land.

6. With the above directions, this Writ Petition petition is disposed of. No costs.

04.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The Superintendent of Police, Salem.

2. The Deputy Superintendent of Police, Omalur, Salem District.

3. The Inspector of Police, Omalur Police Station, Omalur.

4. The Thasildar, Omalur Taluk, Salem.

5. The Surveyor, Omalur Taluk, Omalur, Salem.

6. The Public Prosecutor, High Court, Madras.

04.03.2025