P.Krishnan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2024

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN P.Krishnan ... Petitioner Vs.

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

2.The Tahsildar, Mettur Taluk, Mettur, 3.The Inspector of Police, Kolathur Police Station, Kolathur, Mettur Taluk 4.Chithhuraj 5.Duraisamy ... Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 3rd respondents police to give adequate police protection to the Tahsildar, Mettur Taluk, Mettur, Salem District to measure the petitioner's land situated in S.No.462/1, Singiripatti village, Ayyampudur Post, Mettur Taluk, Salem District to the extent of 3.20 acres. For Petitioner : Mr.C.Prakasam 1/4

For R1 to R3 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed seeking police protection for measuring the land.

2.

The learned counsel appearing for the petitioner submits that after dismissal of the suit instituted by the 4th and 5th respondents, the petitioner herein sought for measuring the land as per the revenue documents. The Surveyor had given a representation to the police for providing police protection. Despite the request, the police has not provided police protection. Hence the present petition is filed. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that on the request of the Surveyor, the respondent police went to the spot on 28.06.2024. Since the respondents 4 and 5 objected for measuring the land stating that they contemplate to prefer appeal against the dismissal of the declaration suit filed by them, the police came back without providing police protection. 2/4

4.

It appears that the petitioner seeks survey of the land as per the revenue documents. The police cannot deny protection in contemplation of appeal to be preferred by the neighboring land owners. Hence, the respondent police is directed to give police protection to the Surveyor, if he makes request for protection, unless and until there is any Court order prohibits measuring the land or survey the land. 5.

With the above observations, this Writ Petition is disposed of. No costs.

29.07.2024 rpl Index: Yes/No Speaking Order/Non Speaking Order To 1.The Superintendent of Police, Salem, Salem District.

2.The Tahsildar, Mettur Taluk, Mettur, 3/4

Dr.G.JAYACHANDRAN, J.

rpl 3.The Inspector of Police, Kolathur Police Station, Kolathur, Mettur Taluk 4.The Public Prosecutor, High Court of Madras, Chennai 29.07.2024 4/4