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Madras High CourtWP/24370/2018disposed of

P.Lakshmanan, v. The District Collector,

2018-09-19Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM W.P.No.24370 of 2018 P.Lakshmanan .. Petitioner Vs 1.The District Collector, Collectorate, Tiruvannamalai District, Tiruvannamalai.

2.The Thasildhar, Keezpennathur Taluk, Tiruvannamalai District.

3.The Taluk Surveyor, Keezpennathur Taluk, Tiruvannamalai District.

4.The Village Administrative officer, Boothamangalam, Keezpennathur Taluk, Tiruvannamalai District.

5.The Sub Inspector of Police, Mangalam Police Station, Mangalam, Tiruvannamalai District.

.. Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of writ of mandamus directing the respondents to consider the petitioner's representation dated 14.05.2018, direct the respondents 2 and 3 to survey, Sub divide and to grant separate patta in petitioner's name to the lands

situated in Dry. S.No.5/3 to an extent of 24 cents, well and Pump set situated in the said S.No.5/3 to an extent of 6 cents in Boothamangalam Village Account, Keezpennathur taluk, Tiruvannmalai District and further direct the 5th respondent to give police protection to the petitioner based upon his representation dated 14.05.2018, while the respondents 2 and 3 survey the aforesaid property.

For Petitioner : Mr.A.Gouthaman For Respondents : Mrs.M.Prabhavathi, APP

O R D E R

This petition has been filed to direct the fifth respondent to provide Police Protection to the petitioner based on the representation submitted by the petitioner dated 14.05.2018.

2.The learned counsel for the petitioner has submitted that the petitioner is the owner of 24 cents situated in survey No.5/3 with specific boundaries. He further submitted that since one P.Selvam and others have interfered with the petitioner's possession, the petitioner and his wife have filed a suit in O.S.No.46 of 2007 on the file of the Additional District Munsif Court, Tiruvannamalai, for the relief of declaration and permanent injunction. He further submitted that the learned District Munsif has decreed the suit in favour of the petitioner herein and granted a decree for declaration and permanent injunction. He further submitted that after getting the said decree, the petitioner has submitted an application before the respondents 2 and 3 for measuring petitioner's property and to sub divide the same.

When the authorities tried to measure the petitioner's property, the aforesaid Selvam and others have objected the same and hence, the petitioner has submitted a representation before the third respondent on 14.05.2018 to give Police protection. But so far, no order has been passed.

3.The learned Additional Public Prosecutor has submitted that the representation submitted by the petitioner is pending before the fifth respondent.

4.Considering the aforesaid submissions, the fifth respondent is directed to consider the petitioner's representation and pass appropriate order and inform to the petitioner, within two weeks from the date of receipt of a copy

of this order.

With the aforesaid direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar dua/gya To 1.The District Collector, Collectorate, Tiruvannamalai District, Tiruvannamalai.

2.The Thasildhar, Keezpennathur Taluk, Tiruvannamalai District.

3.The Taluk Surveyor, Keezpennathur Taluk, Tiruvannamalai District.

4.The Village Administrative officer, Boothamangalam, Keezpennathur Taluk, Tiruvannamalai District.

5.The Sub Inspector of Police, Mangalam Police Station, Mangalam, Tiruvannamalai District.

+1cc to Government Pleader SR.No.65634 W.P.No.24370 of 2018 GMY(28/09/2018)