01Facts
The petitioner and the fourth respondent disputed rights over land in Survey No. 237/1A, including an alleged pathway at Thethupatti village.
p. 2After an earlier order directing a survey of several survey numbers, the petitioner alleged that the survey was conducted without notice and stated that his statutory appeal against it was pending; a writ appeal concerning the earlier order was also pending
p. 2The petitioner further alleged that the fourth respondent was attempting to fence the land and obstruct the pathway, and that the police might provide assistance.
pp. 3–4After submitting representations to the police authorities, he sought a direction against such police protection.
pp. 3–4The Court noted that civil proceedings concerning the properties were pending.
p. 302Issues
i.1. Whether the police could provide protection to enable either party to establish a disputed right over the land or alter the existing state of affairs on the basis of a unilateral claim
p. 4ii.2. Whether the petitioner’s representation concerning the alleged obstruction of the pathway required consideration by the competent authorities in light of the pending civil proceedings
p. 403Law Applied
The Court did not cite a specific statutory provision or precedent.
p. 4It applied the principle that disputes concerning title, possession, boundaries, and rights of access are matters for determination by the competent civil court.
p. 4It also held that police protection should not be used to enable a party to establish a disputed property right or unilaterally alter the existing state of affairs, while preserving the police’s statutory duties and their obligation to comply with specific orders of a competent court.
p. 4Provisions in the judgment · 1 · Linked ones open on LawLens
TAMIL NADU SURVEY AND BOUNDARIES ACT, 1923 Section 11
04Reasoning
The parties’ competing claims over the property and pathway raised questions of title, possession, boundaries, and access, which the Court considered unsuitable for determination in the writ petition and appropriate for the civil court.
p. 4However, given the pending civil proceedings and the allegation that the pathway was at risk of obstruction, the Court directed the authorities to consider the petitioner’s representation, taking those matters into account.
p. 4It also restrained the police from facilitating either party’s unilateral assertion of disputed rights, without preventing lawful police action or compliance with a court order.
p. 405Holding
The writ petition was disposed of.
p. 4Respondents 1 and 2 were directed to consider the petitioner’s representation dated 5 October 2026 in light of the pending civil proceedings and the nature of the dispute, and to pass appropriate orders in accordance with law.
p. 4The third respondent was directed not to provide police protection to enable either party to establish a disputed right or alter the existing state of affairs on a unilateral claim, subject to the police’s statutory duties and any specific order of a competent court.
p. 4Neither party was to take the law into their own hands, and the pending appeals were to be decided independently.
p. 5Original Court PDF
P.KarthikeyanvsThe State of TamilnaduThe Su
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