Case Note & Summary
The petitioner, owner of property in survey number 286/1A1G in Alangulam Village, Tenkasi District, filed an application dated 07.02.2025 to the Tahsildar and Head Surveyor for survey and boundary fixation as per revenue records. Citing inimical terms with neighbours, the petitioner also sought police protection from the Inspector of Police. A follow-up representation was made on 08.02.2025. The petitioner then approached the Madurai Bench of the Madras High Court under Article 226 of the Constitution, seeking a writ of mandamus for the survey and police protection. During hearing, the Additional Government Pleader for respondents 1 and 2 informed the court that the authorities had considered the application and fixed the survey for 17.03.2025. The court noted this and directed that if the first respondent required police protection, he should inform the third respondent, who would then provide necessary police force to protect the authorities and enable a peaceful survey. The petitioner was also directed to cooperate with the authorities. With these directions, the writ petition was disposed of without costs.
Headnote
A) Writ Jurisdiction - Mandamus - Survey and Police Protection - Constitution of India, 1950, Article 226 - Petitioner sought writ of mandamus for survey of property and police protection due to inimical relations with neighbours - Respondents informed the court that survey was already scheduled for 17.03.2025 - Court directed the first respondent to intimate the third respondent if police protection was required and the third respondent to ensure availability of necessary police force for peaceful survey - Held that with these directions the petition is disposed of, with no order as to costs (Paras 2-4).
Issue of Consideration
Whether a writ of mandamus should be issued directing revenue authorities to survey the petitioner's property and fix boundaries with police protection.
Final Decision
The writ petition was disposed of with a direction that the survey would be conducted on 17.03.2025, and if the first respondent required police protection, he should inform the third respondent, who would ensure availability of police force. The petitioner was directed to cooperate. No order as to costs.
Law Points
- Writ of Mandamus under Article 226
- survey of property
- police protection for revenue authorities
- duty to provide assistance when inimical relations exist
Case Details
2025 LawText (MAD) (03) 291
Mr. V.G. Vallarasu Chezhiyan for petitioner, Mr. B. Saravanan, Additional Government Pleader for respondents 1 & 2, Mr. S. Prakash, Government Advocate (Crl. Side) for respondent 3
1. The Tahsildar, Alangulam Taluk, Tenkasi District; 2. The Head Surveyor, Alangulam Taluk, Tenkasi District; 3. The Inspector of Police, Alangulam Police Station, Alangulam Taluk, Tenkasi District
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking a mandamus for survey of property and police protection.
Remedy Sought
Petitioner sought direction to respondents 1 and 2 to survey her property in S.No.286/1A1G and fix boundaries as per revenue records, with adequate police protection from the third respondent.
Filing Reason
Petitioner's application for survey was pending and she apprehended obstruction due to inimical relations with neighbours, necessitating police protection.
Issues
Whether a writ of mandamus should be issued directing the survey and boundary fixation with police assistance.
Submissions/Arguments
Petitioner submitted that she had applied for survey on 07.02.2025 and made a representation on 08.02.2025, and sought police protection due to strained relations with neighbours.
Respondents 1 and 2 submitted that the survey had been scheduled for 17.03.2025.
Ratio Decidendi
When a statutory authority has already scheduled the requested action (survey), a writ of mandamus is not required; the court can issue directions to facilitate the action, including police protection if necessary, and dispose of the petition.
Judgment Excerpts
the respondents have considered the petitioner's application and fixed the date for survey on 17.03.2025
In the event of the first respondent requiring any police protection, he shall intimate the third respondent regarding the said requirement, who shall ensure availability of necessary police force for protecting the authorities and to enable them to conduct peaceful survey on 17.03.2025
this Writ Petition stands disposed of. There shall be no order as to costs.
Procedural History
The petitioner filed an application for survey on 07.02.2025, followed by a representation on 08.02.2025. The writ petition was filed under Article 226 of the Constitution, and after hearing the parties, the court disposed of the petition on 14.03.2025 with directions.
Acts & Sections
- Constitution of India, 1950: Article 226
