A.Devaraj v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- A.Devaraj .. Petitioner Vs.

1. The Tahsildar, Taluk Office, Shoolagiri Taluk, Tamil Nadu- 635 117.

2. The Surveyor, Taluk Office, Shoolagiri Taluk, Tamil Nadu - 635 117.

3. The Superintendent of Police, Office of the Superintendent of Police, Jakkappan Nagar, Tamil Nadu - 635 001.

4. The Inspector of Police, Berigai Police Station, Shoolagiri, Tamil Nadu -635 105.

.. Respondents 1 / 5

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the third respondent to consider the representation dated 31.07.2024 made by the petitioner to provide Police protection to the petitioner as well as to the Surveyor to do land survey peacefully in the petitioner's property and for consequential orders. For petitioner : Mr.C.P.Goutham For respondents : Mr.S.Vinoth, Govt. Advocate (Crl. Side)

ORDER

The petitioner has filed the present Writ Petition praying to issue a Writ of Mandamus to direct the third respondent to consider the representation dated 31.07.2024 made by the petitioner to provide Police protection to the petitioner as well as to the Surveyor to do land survey peacefully in the petitioner's property and for consequential orders.

2. The petitioner has made a representation to the third respondent seeking to consider his representation, dated 31.07.2024. In this writ petition, the petitioner had not impleaded the persons who are stated to have been obstructing or the owners of the four boundaries surrounded on the petitioner's property. Further, the petitioner is not entitled to any Police protection for conducting survey of the property, because the petitioner himself had filed an application for survey and it is for the Surveyor to conduct the survey, if the 2 / 5

petitioner's application is otherwise in order. After issuing notice to the owners of the property in the four boundaries of the petitioner's property, the petitioner has got a right to survey the property and if there is any other illegal or unlawful obstructor, it is for the petitioner to approach the Tahsildar or Surveyor. In these circumstances, the petitioner is not entitled to the relief sought for in this Writ Petition and that too, it is sought behind the back of the alleged obstructors.

3. With the above observations, this Writ Petition is dismissed. There shall be no order as to costs.

11.11.2024 cs To

1. The Tahsildar, Taluk Office, Shoolagiri Taluk, Tamil Nadu- 635 117.

2. The Surveyor, Taluk Office, Shoolagiri Taluk, Tamil Nadu - 635 117.

3. The Superintendent of Police, Office of the Superintendent of Police, Jakkappan Nagar, 3 / 5

Tamil Nadu - 635 001.

4. The Inspector of Police, Berigai Police Station, Shoolagiri, Tamil Nadu -635 105.

5. The Public Prosecutor, High Court, Madras. P.VELMURUGAN, J 4 / 5

cs 11.11.2024 5 / 5