Tmt.D.Banu, v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4606 of 2020 D.Banu ... Petitioner Vs.

1. The Tahsildar Poonamallee Taluk, Thiruvallur District.

2. The Inspector of Police, Thiruverkadu Police Station, Chennai - 600 077.

3. E.Lenin

4. E.Arun Kumar

5. E.Stalin ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to provide adequate police protection for surveying the land of the petitioner comprised in Survey Nos.12/1, 12/3A, 12/3B & 12/4 situated at Sundara Cholavaram Village, Poonamallee Taluk, Chennai by the first respondent and for putting up fencing of the said land by the petitioner. For Petitioner : Mr.R.Raravanakumar For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 & R2

O R D E R

This Writ Petition has been filed for a direction to the second respondent to provide adequate police protection for surveying the land of the petitioner comprised in Survey Nos.12/1, 12/3A, 12/3B & 12/4 situated at Sundara Cholavaram Village, Poonamallee Taluk, Chennai by the first respondent and for fencing the said land by the petitioner.

2. In the year 2016, respondents 3 to 5, who are the owners of the neighbouring land, attempted to dispute with boundaries of the properties belong to the petitioner. Therefore, the petitioner wanted to measure her property. As such, she requested the Revenue Authorities to survey her property and she also paid requisite fees to the authorities concerned to survey the land. Therefore, she sought for police protection to survey her property.

3. It is seen that the petitioner owned land in Survey Nos.12/1, 12/3A, 12/3B & 12/4 situated at Sundara Cholavaram Village, Poonamallee Taluk, Chennai and to survey the said property an application was application before the authorities concerned and also she paid requisite fees to survey the land.

4. Having regard to the facts and circumstances of the case, the first respondent is hereby directed to appoint any surveyor to survey the land belonging to the petitioner and if the surveyor felt any difficulty in surveying the land or if there is any disturbance by the neighbours, he can very well seek adequate police protection from the jurisdictional police (second respondent). If the surveyor seeks any police protection, the concerned jurisdiction police is directed to consider his request and to conduct the enquiry with the private respondents viz., respondents 3 to 5 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv To

1. The Tahsildar Poonamallee Taluk, Thiruvallur District.

2. The Inspector of Police, Thiruverkadu Police Station, Chennai - 600 077.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Veda Bagath Singh, Advocate, S.R.No.18181 W.P.No.4606 of 2020 RK(CO) MST/29.05.2020

02.03.2020