G.Sarathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Sarathi
...Petitioner
Versus
1.The District Collector, Thiruvannamalai District.
2.The District Revenue Officer, Thiruvannamalai District.
3.The Tahsildar, Chengam Taluk, Tiruvannamalai District.
4.Village Administrative Officer, Chengam Taluk, Tiruvannamalai District.
5.The Head Surveyor, Chengam Taluk, Tiruvannamalai District.
6.State Rep. By The Inspector of Police, Chengam Police Station, Tiruvannamalai District.
7.Maari 8.Chennammal 9.Sumathi
...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the 6th respondent to act on the 3rd respondent's letter dated 30.05.2024 and provide police protection to respondents 3 to 5, the petitioner to conduct the survey in Survey No.462/11 at Paramanandal Village, Chengam Taluk, Tiruvannamalai District and demarcate the same within the time fixed by this Hon'ble Court.
For Petitioner : Mr.K.V.Sajeevkumar For R1 to R5 : Mr.P.Balathandayutham, Special Government Pleader For R6 : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
This Writ Petition has been filed directing the 6th respondent to consider the request made by the 3rd respondent by providing police protection to respondents 3 to 5 while surveying the petitioner's property comprised in S.F.No.162/11 situated at Pamanandhal Village, Chengam Taluk, Tiruvannamalai District.
2. Heard the learned counsel appearing on either side and perused
the materials available on record.
3. The petitioner owned property, comprised in Old Survey No.253/1A, New Survey No.462/11, situated at Paramanandal Village, Chengam Taluk, Tiruvannamalai District to an extent of 2190 sq.ft. The said property was originally owned by Kannan, and after his demise, his legar heirs disputed it, resulting in a suit in O.S.No.98 of 2008 on the file of Principal District Munsif cum Judicial Magistrate Court, Chengam, Thiruvannamalai District, which obtained a permanent injunction against the 7th respondent. The property was sold in favour of the petitioner. When the petitioner attempted to construct a building in the said property, the 7th respondent encroached upon it, for which, the petitioner made an application to survey the petitioner's property with the 3rd respondent on 27.09.2021. However, respondents 7 to 9 obstructed the surveyor while surveying the property. Therefore, the 3rd respondent made a request to the 6th respondent seeking police protection while surveying the petitioner's land by communication letter dated
30.05.2024. However, it is pending on the file of 6th respondent without acted upon.
4. In view of the above, the 6th respondent is directed to conduct an enquiry on the request made by the 3rd respondent, and pass orders to provide police protection to the 5th respondent while surveying the petitioner's land, within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
01.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order drl
To 1.The District Collector, Thiruvannamalai District.
2.The District Revenue Officer, Thiruvannamalai District.
3.The Tahsildar, Chengam Taluk, Tiruvannamalai District.
4.Village Administrative Officer, Chengam Taluk, Tiruvannamalai District.
5.The Head Surveyor, Chengam Taluk, Tiruvannamalai District.
6.The Inspector of Police, Chengam Police Station, Tiruvannamalai District.
7.The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN, J.
drl 01.04.2025