Madras High CourtWP/28821/2024disposed of

P.Suriyaprakash v. The Inspector Of Police

2025-04-03Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Suryaprakash ... Petitioner Vs.

1. The Inspector of Police, Deevatipatti Police Station, Salem District.

2. The Tahildar, Taluk Office, Kadaiyampatty Taluk, Salem District.

3. Umasankar

4. Valarmathi

5. Kaviyaa

6. Priya ... Respondents Prayer : The Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first respondent to give police protection to the petitioner and consequently by this Hon'ble Court may fix the stipulated time for considering the petitioner's representation on 17.08.2024.

For Petitioner : Mr.G.Muniraj 1/5

For Respondents : Mr.Vinoth Raja Government Advocate (Crl.Side) for R1 : Mr. P.Balathandayutham Special Government Pleader for R2 : Mr.K.Sathiyamurthi for R3 to R6

O R D E R

This petition has been filed by the petitioner seeking a direction to direct the first respondent to give police protection to the Surveyor, while surveying the petitioner's land.

2. According to the petitioner, the land comprised in Survey No.135/1 to an extent of 2.0 acres was settled in favour of the petitioner by the settlement deed dated 10.03.2023 registered vide Document No.2168/2023. The petitioner is in the possession of the property and he has also applied for patta.

3. While this is the case the respondents 3 to 6 have claimed title over the property and raised objections to serve the petitioner's land. The petitioner has applied an application before the second respondent to survey the land along with requisite fees.

4. Though there is a title dispute between the petitioner and the 2/5

respondents 3 to 6 herein in respect of subject property, there is absolutely no impediment for the petitioner as well as the respondents 3 to 6, since the Surveyor has not been made to clear title over the property.

5. If the Surveyor finds any disturbance at the hands of the respondents 3 to 6 while surveying the petitioner's land, he can seek for police protection from the first respondent. Upon such requests, the first respondent is directed to conduct enquiry after issuance of notice to the petitioner and the respondents 3 to 6 and pass orders to ensure adequate police protection to the Surveyor while surveying the land.

6. Accordingly, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 03.04.2025 Vv To

1. The Inspector of Police, 3/5

Deevatipatti Police Station, Salem District.

2. The Tahildar, Taluk Office, Kadaiyampatty Taluk, Salem District.

G.K.ILANTHIRAIYAN, J.

Vv 4/5

03.04.2025 5/5