T.Sellaperumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL T.Sellaperumal ... Petitioner Vs

1. The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

2. The Tahsildar, Thiruvidaimarudhur Taluk, Thanjavur District.

3. Ravi

4. Gopal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to provide police protection to the Revenue Officials to survey the house site of the petitioner in Kathirmangalam Village, Thiruvidaimarudhur Taluk in Survey No.261/5 and mark the boundaries. For Petitioner : Mr.V.Madurai Veeran For Respondents : Mr.R.M.Anbunithi (R1) Additional Public Prosecutor Mr.M.Senthil Ayyanar (R2) Government Advocate 1/5

O R D E R

This Writ Petition has been filed to direct the 1st Respondent to provide police protection to the Revenue Officials to survey the house site of the petitioner in Kathirmangalam Village, Thiruvidaimarudhur Taluk in Survey No.261/5 and mark the boundaries. 2.According to the petitioner, he is the owner of the property in S.No.261/5 to an extent of 5 cents. When the petitioner tried to survey his land through the revenue officials, the private respondents are causing obstruction to conduct survey. Therefore, the petitioner sent a representation to the respondents, but the same has not been considered. Hence this petition.

3.The learned Government Advocate appearing for the 2nd respondent would submit that the petitioner has requested the 2nd respondent to conduct survey and also paid necessary fees to that effect. When they attempted to conduct survey, the private respondents are causing obstruction. Therefore, they could not conduct survey. 2/5

4.The learned Additional Public Prosecutor appearing for the first respondent would submit that they have received the complaint from the petitioner and the same was enquired and closed. 5.Considering the limited scope of the prayer sought for in this petition, this Court, without even issuing notice to the private respondents, is inclined to dispose of the writ petition. 6.It is well settled law that as far as the immovable properties are concerned, if any party has obtained decree from the civil Court in his favour, then police protection can be granted Admittedly, in this case there is no civil Court decree in favour of the petitioner. Therefore, police protection cannot be granted to the petitioner for the disputed property. However, if anybody causing obstruction without any valid reasons or indulged in any criminal activities, then the petitioner can approach the first respondent and seek appropriate remedy. 3/5

7.With the above observations and directions, this Writ Petition is disposed of.

11.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

1. The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

2. The Tahsildar, Thiruvidaimarudhur Taluk, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL , J.

PNM ORDER IN 11.03.2025 5/5