M.Saravanan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19264 of 2024 M.Saravanan
...Petitioner
Vs.
1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The State rep. by The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District.
3.The Town Surveyor, Land Measurement Division, O/o.Municipality Survey Division, Tenkasi District.
4.The Head Surveyor, Office of the Head Surveyor, Tenkasi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents more particularly the second respondent to provide adequate 1/4
police protection during survey and subsequent measurements in respect of the property bearing Survey No.484 in the southern side situated at Krishnapuram Village, Kadayanallur Municipality, C-Block, Tenkasi District forthwith.
For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents more particularly the second respondent to provide adequate police protection during survey and subsequent measurements in respect of the property in Survey No.484 situated at Krishnapuram Village, Kadayanallur Municipality, C-Block, Tenkasi District forthwith.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2/4
3. As rightly pointed out by the learned Additional Public Prosecutor appearing for the respondents, in the earlier petition filed by the writ petitioner in W.P.(MD)No.8702 of 2024, this Court has directed the survey authority to scrutinize the application and pass orders and wherein, it has been specifically mentioned that the survey authority, if required, is empowered to seek aid of the jurisdictional police and the jurisdictional police also mandated to grant police protection.
4. The learned counsel appearing for the writ petitioner would submit that despite the order passed by this Court, the Survey Department has not taken any action for conducting of survey or for passing of orders, but that by itself is not a ground to grant police protection for surveying the land, in the absence of any order passed by the Survey Department. Hence, this Court is not inclined to grant any relief. Accordingly, the Writ Petition stands dismissed. No costs. 12.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4
K.MURALI SHANKAR, J csm To 1.The Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Kadayanallur Police Station, Kadayanallur, Tenkasi District.
3.The Town Surveyor, Land Measurement Division, O/o.Municipality Survey Division, Tenkasi District.
4.The Head Surveyor, Office of the Head Surveyor, Tenkasi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in W.P.(MD)No.19264 of 2024 Dated : 12.08.2024 4/4