S.Jaya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.551 of 2025 S.Jaya ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Superintendent of Police, Kanyakumari District, at Nagercoil.

2.The Inspector of Police, Nithravilai Police Station, Nithravilai, Kanyakumari District.

3.The Tahsildar, Killiyoor Taluk, Killiyoor, Kanyakumari District.

4.C.Sukumaran 5.David 6.Jayaraj 7.Suseela

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd Respondents to grant Police protection to the petitioner to take measurement, demarcate, subdivide, identify and put boundary stone, in this property Survey No.2/6A, Methukummal District, through the 3rd Respondent Tahsildar, Killiyoor Taluk, Kanniyakumari District, based on the complaint and application dated 17.04.2025 and the appeal dated 05.05.2025. For Petitioner : Mr.M.Francis Xavier For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R3 & R4 : Mr.F.Deepak, Special Government Pleader

O R D E R

Seeking police protection for fencing his property, the petitioner has approached this Court.

2.The learned counsel appearing for the petitioner submits that the property in Resurvey.No.2/6A, Methukummal Desam, Arudesam Village, Killiyoor Taluk, Kanyakumari District is her own property and she has purchased the same from one Swami 2/7

Nadar, in the year 1998 vide Document No.409/1999. All the revenue records are mutated in favour of her. In order to survey, demarcate, identify and put boundary stone in the above land, the petitioner's husband has submitted an application to the Tahsildar, Killiyur Taluk/the third respondent herein, based on which, the third respondent along with the District Surveyor has come to her property for the purpose of surveying. However, without any authority, the respondents 4 to 7 herein have created problem and prevented the officials from discharging their duty. Therefore, the petitioner has submitted an application before the respondent police for police protection, however, it was not considered. Therefore, the petitioner is before this Court.

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents 1 & 2, on instructions submits that they have not received any complaint or representation from the petitioner so far.

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4.Mr.F.Deepak, learned Special Government Pleader takes notice for the respondents 3 & 4 and on instructions received from the Tahsildar submits that the petitioner's land has been used by the adjacent land owners as a pathway and they have raised some objections for putting up boundary stones in the petitioner's patta land.

4.This Court considered the rival submissions made and also perused the proceedings of the Tahsildar, Killiyur in Na.Ka.No.A1/1051/2025, dated 17.07.2025.

5.Admittedly, the petitioner's land has been used as a pathway by the adjacent land owners. Therefore, the petitioner intended to survey, demarcate, subdivide, identify and put boundary stone in her patta land. It appears that the petitioner is also having all the revenue records in her favour. In view of the above, this writ petition is disposed of, with the following directions: 4/7

i. The petitioner is directed to submit a fresh application along with requisite fee for survey, in person and also through registered post to the Revenue Officials.

ii. On payment of fee for survey, the Revenue officials shall take necessary steps to survey the petitioner's property by intimating the police officials.

iii. The police officials are supposed to provide necessary police protection, if any request has been made from the Revenue officials.

iv. After the survey, the officials are expected to fix the boundaries in the petitioner's patta land.

v. In the event, if this petitioner apprehend danger for putting up the fence for her property, necessary police protection also to be provided by the respondent police.

There shall be no order as to costs.

29.07.2025 Index:Yes Internet:Yes 5/7

vrn To 1.The State of Tamil Nadu, Rep. by the Superintendent of Police, Kanyakumari District, at Nagercoil.

2.The Inspector of Police, Nithravilai Police Station, Nithravilai, Kanyakumari District.

3.The Tahsildar, Killiyoor Taluk, Killiyoor, Kanyakumari District.

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B.PUGALENDHI, J.

vrn Order made in W.P.Crl.(MD)No.551 of 2025 29.07.2025 7/7