Appaiya v. The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.Nos.27641, 27643 and 27646 of 2023 Appaiya ... Petitioner in W.P.No.27641of 2023 Manjunath ... Petitioner in W.P.No.27643of 2023 Priya ... Petitioner in W.P.No.27646of 2023 Vs.
1.The Deputy Superintendent of Police, Hosur - 635 109.
2.The Inspector of Police, Soolagiri Police Station, 3.Venkatesappa 4.Sridhar 5.Ramesh 6.Nagaraj 1/6
7.Murugesh 8.Nagesh 9.Prabhu 10.Chandran 11.Abbaya
...Respondents
COMMON PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to grant police protection for surveying/measuring the petitioner's land in S.F.No.1157/4, 1157/5, 1149, 1189/2, 1181/1, 1161, 1053 situate at Kamanthotti Village, Soolagiri Taluk, For Petitioner : Mr.K.Govi Ganesan in all W.Ps For Respondents : Mr.A.Damodaran in all W.Ps Additional Public Prosecutor for R1 & R2
O R D E R
The issue involved in all these writ petitions are common and hence, they are taken up together, heard and disposed of through this common order. 2/6
2.The petitioners have approached this Court seeking for a direction to the respondent police to grant police protection in order to survey the subject property and to demarcate the property for getting patta in line with the Partition Deed dated 02.11.20217.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents 1 and 2.
4.It is seen from records that the petitioners had already approached this Court and filed writ petitions in W.P.Nos.5473, 5476 and 5802 of 2020 for a direction to the Tahsildar to conduct a survey and to sub-divide the property and to issue separate patta to the petitioners. These writ petitions were disposed of by an order dated 04.03.2020 and a direction was given to the Tahsildar to consider the representation and to act upon the same.
5.The grievance of the petitioners is that the Tahsildar was ready to survey the property and whereas, it was obstructed by the private respondents. Hence, representation/complaint was made to the police to provide police protection and since 3/6
the same was not acted upon, these writ petitions have been filed seeking for appropriate directions.
6.The learned Additional Public Prosecutor on instructions submitted that the petitioners may be directed to submit the complaint in-person along with the relevant documents and that the same will be enquired and acted upon. 7.These writ petitions are disposed of with a direction to the petitioners to submit the complaint in-person before the 2nd respondent along with all the relevant documents and the 2nd respondent shall enquire upon the same and take a decision, within a period of four weeks from the date of receipt of the complaint from the petitioner. No Costs. 21.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Deputy Superintendent of Police, Hosur - 635 109.
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2.The Inspector of Police, Soolagiri Police Station, 3.The Public Prosecutor, High Court, Madras.
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N.ANAND VENKATESH, J ssr W.P.Nos.27641, 27643 and 27646 of 2023 21.09.2023 6/6