Madras High Court
B.Vikram Kumar vs The District Collector on 8 February, 2023
2023/MHC/615
WP.No.3453 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR
WP.No.3453 of 2023
B.Vikram Kumar .. Petitioner
Versus
1.The District Collector
Tiruppur
Tiruppur District
2.The Tahsildar
Palladam
Tiruppur District
3.The Superintendent of Police
Tiruppur District
4.The Deputy Superintendent of Police
Palladam
5.The Inspector of Police
Palladam Police Station
Palladam
6.A.Jeganathan .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondent No.2 to survey
the petitioner property and earmarked the boundaries with police protection for
fencing the petitioner property situated at Karadivavi Panchayat Board,
Karadivavi Village, in S.No.262/1A,1B,1C,1D, Palladam Taluk, Tiruppur
District.
https://www.mhc.tn.gov.in/judis
1/4
WP.No.3453 of 2023
For Petitioners : Mr.G.Rajesh
For Respondents : Mr.P.Sathish for R1 to R5
Additional Government Pleader
ORDER
This writ petition is filed seeking for the issuance of Writ of Mandamus
to direct the second respondent to survey the petitioner property and earmark
the boundaries with police protection for fencing the petitioner property
situated at Karadivavi Panchayat Board, Karadivavi Village, in
S.No.262/1A,1B,1C,1D, Palladam Taluk, Tiruppur District.
2. Heard learned counsel for the petitioner and the learned Additional
Government Pleader appearing for the respondents 1 to 5 and perused the
materials available on record.
3. On perusal of the very affidavit itself, it appears that there is a civil
dispute between the petitioner and the sixth respondent, wherein, it is stated
that the sixth respondent is allegedly trespassed into the the subject property.
4. Such view of the matter, it is for the petitioner to establish the title. If
the petitioner has a clear title over the property, nothing, prevents the
petitioner from filing an application or suit before the competent Civil Court
https://www.mhc.tn.gov.in/judis
WP.No.3453 of 2023
under the Tamil Nadu Survey and Boundaries Act, 1923 for establishing
proper records. In fact, that will give an ultimate finality. Without such proper
method, this Writ Court cannot give direction to measure the property
particularly when there is a civil dispute between the parties. In this regard, the
Hon'ble Apex Court in the judgment of P.R.Muralidharan and others Vs.
Swami Dharmananda Theertha Padar and others reported in (2006) 4 SCC
501 has held that what are all the matters for which police protection can be
granted. For better appreciation, the relevant portion of the judgment is
extracted below:
“...19. A writ for “police protection” so-called, has only a
limited scope, as, when the court is approached for protection of rights
declared by a decree or by an order passed by a civil court. It cannot be
extended to cases where rights have not been determined either finally
by the civil court or, at least at an interlocutory stage in an
unambiguous manner, and then too in furtherance of the decree or
order.”
5. The Writ Petition stands dismissed with the above directions.
However, there shall be no order as to costs.
08.02.2023
dhk
Internet : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
https://www.mhc.tn.gov.in/judis
WP.No.3453 of 2023
N.SATHISH KUMAR, J.
dhk
To
1.The District Collector
Tiruppur
Tiruppur District
2.The Tahsildar
Palladam
Tiruppur District
3.The Superintendent of Police
Tiruppur District
4.The Deputy Superintendent of Police
Palladam
5.The Inspector of Police
Palladam Police Station
Palladam
W.P.No.3453 of 2023
08.02.2023
https://www.mhc.tn.gov.in/judis
