S.Kumar v. The Surveyor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2022
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Kumar ...
Petitioner versus 1.The Surveyor, Town Land Survey Division, Alanthur, Alanthur Taluk, Chennai.
2.The Assistant Commissioner of Police, Greater Chennai Police Commissionerate, Alandur.
3.The Inspector of Police, Adhampakkam Police Station, Chennai.
...
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the respondents 2 and 3 to provide police protection for cleaning, fencing and measuring petitioner's land bearing Survey No.238/33/2 Ward F, Block 18 to the extent of 48 cents situated at Adambakkam Village, Alandur Taluk, Chennai. 1/4
For Petitioner : M/s.D.Bharathy For Respondents : Mr.A.Damodaran Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking for a mandamus to direct the respondents 2 and 3 to provide police protection for cleaning, fencing and measuring petitioner's land bearing Survey No.238/33/2 Ward F, Block 18 to the extent of 48 cents situated at Adambakkam Village, Alandur Taluk, Chennai.
2.
As per the allegations of the petitioner that the land bearing old Survey No.66, New Survey No.268/4, Town Survey No.238/33/2 Ward F, Block 18 to the extent of 48 cents, which comes around 9 grounds, was given to him by his brother viz. Subramanian through a Settlement Deed dated 11.07.2007 and as of now he is in the enjoyment of the said property. The petitioner further submitted that he has filed a writ petition in W.P.No.20676 of 2022 seeking for a direction to the revenue authorities to measure and demarcate his above lands. 2/4
3.
The reason for requesting the police protection is that the petitioner apprehends any disturbance that may be caused to him by antisocial elements by stating that he is an absentee landlord. The petitioner has not stated anything clearly as to what is the disturbance caused to him and by whom. If the petitioner feels that he is the owner of the property, he need not hesitate to take the revenue authorities for measuring his property. Without stating any acceptable reasons, if the petitioner apprehends confusion due to some antisocial elements, the police is not expected to consider the request given for any protection for his enjoyment. If the petitioner is facing troubles from any third person or any third person interferes with the enjoyment by making any counter claim, it is up to him to seek appropriate remedy before the Civil Court and obtain necessary orders and thereafter seek police protection.
4.
With these observations, this Writ Petition is disposed of. No costs.
20.10.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 3/4
R.N.MANJULA , J.
sri To 1.The Surveyor, Town Land Survey Division, Alanthur, Alanthur Taluk, Chennai.
2.The Assistant Commissioner of Police, Greater Chennai Police Commissionerate, Alandur.
3.The Inspector of Police, Adhampakkam Police Station, Chennai.
4.The Public Prosecutor, Madras High Court, Chennai.
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