Rajathi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Mrs.Rajathi ...

Petitioner versus 1.The Superintendent of Police, District Police Office, Salem.

2.The Inspector of Police, Taramangalam Police Station, Omallur Taluk, Salem District - 636 502.

3.The District Collector, Collectorate, Salem District.

4.The Tahsildar, Omalur Taluk, Omalur, Salem District - 636 455.

5.The Taluk Surveyor, Office of Tahsildar, Omalur, Salem District - 636 455.

6.Kuppusamy 7.Govindarajan 8.Kanchana ...

Respondents Pg.Nos.1/4

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the first and second respondents to consider the petitioner's representation dated 30.10.2024, to provide adequate Police Protection to enable the Surveor to conduct the Survey of the petitioner's land situated at Chinna Pillayur Kattuvalavu, Thesavilaku Village, Omalur Talk, Salem District - 636 001, bearing patta No.2158, 1941, 311 containing Survey Nos.433/2C2, 437/7B2, 437/7C1, 433/1C, 437/9B, 437/7C2 as per the order in W.P.No.21221 of 2022, dated 30.07.2024 and to take appropriate action. For Petitioner :

Mr.G.M.Gokul Ram For Respondents :

Mr.S.Sugendran Additional Public Prosecutor for R1 and R2

O R D E R

The Petitioner claims to be the sole owner of land situated at Chinna Pillayur Kaatuvalavu, Salem District, which was acquired through a Settlement Deed in 2004. Despite applying for and paying for a survey in 2017, the petitioner has faced continuous obstruction from the 6th to 8th Respondents. Hence, a Writ Petition was filed, and this Court, by order dated 30.07.2024 in W.P.No. 21221 of 2024, directed the 5th Respondent to consider the petitioner's representation and take necessary measures within two months. However, the survey was obstructed again in October 2024, and despite the Petitioner submitting another representation to the 1st and 2nd Respondents on Pg.Nos.2/4

30.10.2024, no action has been taken. The Petitioner, therefore, is before this Court seeking relief.

2. The matter at hand pertains to a civil dispute over the survey and demarcation of land. As such, police protection cannot be granted, as police intervention is not applicable in civil disputes, particularly those related to property rights. The appropriate remedy for such issues must be pursued through the Surveys and Boundaries Act or other relevant legal provisions. In view of this, the writ petition is not maintainable before this Court and is hereby dismissed. However, the Petitioner is at liberty to pursue his remedy in the manner known to law before the competent forum. 25.11.2024 Index: Yes/No Speaking Order : Yes/No r n s Pg.Nos.3/4

P.VELMURUGAN, J.

r n s To 1.The Superintendent of Police, District Police Office, Salem.

2.The Inspector of Police, Taramangalam Police Station, Omallur Taluk, Salem District - 636 502.

3.The District Collector, Collectorate, Salem District.

4.The Tahsildar, Omalur Taluk, Omalur, Salem District - 636 455.

5.The Taluk Surveyor, Office of Tahsildar, Omalur, Salem District - 636 455.

6.The Public Prosecutor, Madras High Court, Chennai.

25.11.2024 Pg.Nos.4/4