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Madras High CourtWP/31406/2024dismissed

Kavitha v. The Superintendent Of Police

2024-11-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.11.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- Kavitha .. Petitioner Vs.

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

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

3. The Inspector of Police, Omalur Police Station, Omalur Taluk, Salem District.

4. The Tahsildar, Omalur, Omalur Taluk, Salem District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to provide a Police protection as per the request/letter of the fourth respondent, dated 08.10.2024 while surveying the property in Survey No.250/3A, 3A3 and 3-B at Omalur Village and Omalur Taluk by the fourth respondent. 1 / 4

For petitioner : Mr.M.Elango For respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for RR-1 to 3 Mr.A.Selvendran, Spl.G.P. for R-4

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to provide a Police protection as per the request/letter of the fourth respondent, dated 08.10.2024 while surveying the properties in Survey Nos.250/3A, 3A3 and 3-B at Omalur Village and Omalur Taluk by the fourth respondent.

2. The petitioner wants to survey the above properties and for this purpose, he has to make an application before the concerned Tahsildar, who in turn will direct to conduct the survey the properties. It is only for the Survey Officer who has to follow the procedures provided under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, by issuing notice to all the owners of the four boundaries in respect of the above said property and thereafter, if everything is in order, and without any valid reasons, if any-body prevents the Survey Officer to complete the survey, the Revenue Authority/Survey Officer shall seek necessary assistance from the jurisdictional Police, if necessity arises. However, the petitioner is not entitled to the relief sought for in this Writ Petition 2 / 4

in the background of the above facts.

3. With the above observations, this Writ Petition is dismissed. The petitioner is to work out his remedy in the manner known to law. Consequently, the impleading petition in W.M.P.No.35594 of 2024 shall stand closed. There shall be no order as to costs.

12.11.2024 cs To

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

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

3. The Inspector of Police, Omalur Police Station, Omalur Taluk, Salem District.

4. The Tahsildar, Omalur, Omalur Taluk, Salem District.

5. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 12.11.2024 4 / 4