Pounraj, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.21476 of 2018 Pounraj .. Petitioner -Vs1. The Superintendent of Police,

2. The Inspector of Police, Odaipatti Police Station,

3. The Tahsildar,

4. The Surveyor,

5. Pechiammal .. Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to provide adequate police protection to the Petitioner and his family members for surveying the land bearing Survey No.243/1 and 243/2 measuring about 1.40 acres situated in Seepalakottai Village, Uthamapalayam Taluk, Theni Dist by the 3rd and 4th Respondents. For Petitioner : Mr.R.Maheswaran For Respondents : Mr.B.Bhagawathi, R1 to R4 Government Advocate.

ORDER

This Writ petition has been filed seeking for police protection for the purpose of the third and fourth respondents to carry out the survey in the property belonging to the petitioner and to place the boundary stones.

2.The learned counsel for the petitioner would submit that the fifth respondent attempted to interfere with the possession and enjoyment of the petitioner. Since the wife of the petitioner is the owner of the property, a suit was filed in O.S.No.105 of 2013

on the file of the District Munsif Court, Uthamapalayam, against the fifth respondent for the relief of permanent injunction. The Trial Court by a judgment and decree dated 21.11.2014, decreed the suit as prayed for by the petitioner's wife. The fifth respondent thereafter filed an appeal in A.S.No.15 of 2016, on the file of the Sub Court, Uthamapalayam. The said appeal was dismissed by judgment and decree, dated 29.01.2018. According to the learned counsel for the petitioner, the judgment and decree of the Civil Court has become final.

3.The learned counsel for the petitioner would further submit that thereafter the petitioner had made a representation to the third and fourth respondents to survey the property and to lay the boundary stones. For the said purpose, the petitioner had also paid the necessary charges. However, when the third and fourth respondent come to survey the lands, the same is being restrained by the fifth respondent. According to the learned counsel for the petitioner after having suffered a decree before the competent civil court, the fifth respondent does not have the right to stop the surveyor from conducting the survey in the land belonging to the petitioner.

4.The learned Government Advocate would submit that the survey can be conducted by the third and fourth respondents only if police protection is granted to them.

5.In the facts and circumstances of the case, there shall be a direction to the second respondent to grant police protection to the third and fourth respondents when they survey the property belonging to the petitioner. The survey shall be conducted by the third and fourth respondents based on the title deeds of the petitioner. The fifth respondent who having lost before competent Civil Court shall not have the right to stop the third and fourth respondents from surveying the property and laying the boundary stone.

6.Accordingly, this Writ petition stands disposed of with the above directions.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Superintendent of Police,

2. The Inspector of Police, Odaipatti Police Station,

3. The Tahsildar,

4. The Surveyor, +1cc to Spl.Government Pleader Sr.No.90813 TM VB/SKN/SAR4/01.11.2018/3P/6C W.P(MD)No.21476 of 2018 12.10.2018