E.Lenin, v. Tmt.D.Banu,
WMP.No.11038 of 2021 in WP.No.4606 of 2020 WMP.No.11038 of 2021 in WP.No.4606 of 2020 G.K.ILANTHIRAIYAN, J.
By order dated 02.03.2020, this Court passed order in WP.No.4606 of 2020 that if the first respondent therein appoints any surveyor to survey the land belonging to the petitioner, the surveyor can very well seek adequate police protection from the jurisdictional Police. On the said request, the jurisdictional Police is directed to conduct enquiry with the parties concerned and pass appropriate orders on merits and in accordance with law. 2.
The learned counsel for the respondents 3 to 5 in WP.No.4606 of 2020 filed this petition to recall the order passed by this Court dated 02.03.2020 for the reason that the petitioner therein suppressed the fact that in respect of the property comprised in survey No.12/1 already there is a suit in OS.No.467 of 2016 on the file of the Principal District Munsif, Poonamallee is pending. However, the said suit is nothing to do with the order passed by this Court. As such, this petition is liable to be dismissed. 3.
Therefore, if the jurisdictional Police receives any request by the surveyor concerned while surveying the land for police protection, the jurisdictional Police is directed to issue notice to the counter parties i.e. the petitioners in this recall petition, and the petitioners herein are at liberty to submit all relevant documents. On receipt of the same, the jurisdictional Police is directed to consider the same and pass orders on merits and in accordance with law in respect of providing adequate police protection to survey the land.
1/2 https://www.mhc.tn.gov.in/judis/
WMP.No.11038 of 2021 in WP.No.4606 of 2020 G.K.ILANTHIRAIYAN, J.
lok 4.
With the above directions, this miscellaneous petition is dismissed.
30.04.2021 lok WMP.No.11038 of 2021 in WP.No.4606 of 2020 2/2 https://www.mhc.tn.gov.in/judis/