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Madras High CourtWP/1808/2020disposed of

Patherdurai Poosari v. The Sub Collector

2020-07-14Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P. No. 1808 of 2020 Patherdurai Poosari, S/o. Late Ramasamy @ Chinnaraj, Kallikkadu, Kookuttappatti Village, Pannappatti Post, Kadaiyampatti Taluk, Salem District - 636 305.

..Petitioner vs.

1.The Sub Collector, Mettur, 2.The Tahsildar, Kadaiyampatti Taluk, 3.The Taluk Surveyor, Kadaiyampatti Taluk, 4.The Inspector of Police, Dheevattipatti Police Station, 5.Ramachandran, S/o. Palanisamy, Kallikadu, Kookuttappatti Village, Pannappatti Post, Kadaiyampatti Taluk, Salem District - 636 305.

6.Lakshmanan, S/o. Perumal, Kallikkadu, Kookuttappatti Village, Pannappatti Post, Kadaiyampatti Taluk, Salem District - 636 305.

7.Kumaresan, S/o. Pachai Udayar, No.29, Denishpet Main Road, Kadayampatti Town & Taluk, ..Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the 4th respondent to provide Police protection to enable the respondents 1 to 3 to survey and demarcate the land comprised in Survey No.10/1, in Patta No.177 situate at Kookuttappatti Village, Omalur Taluk, Salem District forthwith. For Petitioner : Mr. C.Prabakaran For Respondent - 1 to 3 : Mr. M.Elumalai, Government Advocate For Respondent - 4 : Mr. S.Karthikeyan Additional Public Prosecutor For Respondents 5 to 7 : No Appearance.

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus directing the 4th respondent to provide Police protection to enable the respondents 1 to 3 to survey and demarcate the land comprised in Survey No.10/1, in Patta No.177 situated at Kookuttappatti Village, Omalur Taluk, Salem District, forthwith.

2. Learned counsel for the petitioner would submit that the petitioner had already approached this Court in Crl.O.P. No.12752 of 2018 and this Court directed the surveyor to survey the land comprised in Survey No.10/1, in Patta No.177 situated at Kookuttappatti Village, Omalur Taluk, Salem District and also granted liberty that if the surveyor seeks Police protection, the same can be considered.

3. Considering the above submission made by the petitioner if the surveyor felt any intervene while surveying the land, he can very well seek Police protection before the jurisdictional

Police. If the surveyor makes any representation seeking Police protection, the fourth respondent is directed to conduct enquiry with the respondents 5 to 7 and take action in accordance with , law and on merits.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bkn To 1.The Sub Collector, Mettur, 2.The Tahsildar, Kadaiyampatti Taluk, 3.The Taluk Surveyor, Kadaiyampatti Taluk, 4.The Inspector of Police, Dheevattipatti Police Station, 5.The Public Prosecutor, Madras High Court, Madras.

+1cc to the Government Pleader, S.R.No.24764 +1cc to Mr.N.Anand, Advocate, S.R.No.24649 W.P. No. 1808 of 2020 NSA(CO) KKV/21/08/2020