Selva Chandran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL Selva Chandran ... Petitioner Vs.
1.The Superintendent of Police, Tirunelveli, Tirunelveli District.
2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.
3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.
4.The Taluk Surveyor, Radhapuram Taluk, Tirunelveli District.
5.Rajesh ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1/7
respondents 1 and 2 to provide adequate police protection to the fourth respondent for measuring the petitioner property and mark the boundaries in Survey No.2328/2B measuring an extent of 1.29 cents of land situated at Vadaku Valiyur Village, Radhapuram Taluk, Tirunelveli District and time frame to be fixed by this Court and pass such further or other orders as this Court.
For Petitioner : Mr.N.S.Ramakrishna Dass For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-3 & R-4 : Mr.M.Senthil Ayyanar Government Advocate
ORDER
The present petition has been filed for issuance of Writ of Mandamus directing the respondents 1 and 2 to provide adequate police protection to the fourth respondent for measuring the petitioner property and mark the boundaries in Survey No.2328/2B measuring an extent of 1.29 cents of land situated at Vadaku Valiyur Village, Radhapuram Taluk, Tirunelveli District.
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2. According to the petitioner, he is the owner of the property in S.No.2328/2B to an extent of 1.29 cents at Vadaku Valiyur Village, Radhapuram Taluk, Tirunelveli District and the fifth respondent is the adjacent land owner and he noway connected with the said property but he causing obstructions to the petitioner for measuring the property. Already the petitioner approached the revenue authorities for surveying the land and they also gave notice to the fifth respondent but he causing obstruction. The petitioner also received receipt from the survey authorities for conducting survey. In the meantime, the fifth respondent attempting to restrain the petitioner from surveying the land. Therefore, the petitioenr sent a representation to the second respondent for police protection and the same was not considered. Hence, the petitioner filed this petition.
3. The learned Government Advocate appearing for the respondents 3 and 4 would submit that the petitioner requested the revenue authorities to survey the land and also paid requisite fee and they also issued receipt and they will issue notice to the fifth respondent and conduct survey as per rules.
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4. The learned Additional Public Prosecutor appearing for the 1 and 2 respondents would submit that the petitioner want to survey the land and no any request made from the revenue authorities for police protection. If any request made by the revenue authorities, they will consider in accordance with law.
5. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the fifth respondent is inclined to pass orders in this petition.
6. According to the petitioner, the land in S.No.2328/2B belongs to him and he wanted to survey the land through the revenue authorities and the same was obstructed by the fifth respondent. The learned Government Advocate appearing for the respondents 3 and 4 also admitted that the petitioner requested for survey the land and they also assured to issue notice to the fifth respondent before survey the land. The learned Additional Public Prosecutor appearing for the respondents 1 and 4/7
2 also assured to give police protection, if any request made by the revenue authorities.
7. In view of the same, it is for the respondents 3 and 4 to take appropriate steps to measure the property in accordance with law. If any assistance requested by the authorities, then the respondents 1 and 2 can consider the same in accordance with law, after hearing all the interested parties. Since the fourth respondent has to issue notice to the adjacent land owners, he is directed to complete the exercise within a period of four (4) weeks from the date of this order.
8. With the above said observations, this writ petition stands disposed of. There shall be no order as to costs. 18.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 5/7
To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.
2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.
3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.
4.The Taluk Surveyor, Radhapuram Taluk, Tirunelveli District.
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P.DHANABAL, J.
BTR 18.03.2025 7/7