Saminathan v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12910 of 2020 Saminathan, S/o.Karuppagounder.

... Petitioner .Vs.

1. The Tashildar, Mettur Taluk, Salem District.

2. The Inspector of Police, Karumalaikoodal Police Station, Salem.

3. Manthiri,

4. Setti,

5. Arjunan,

6. Mailsamy.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the 1st respondent to survey and point out the field boundaries of the petitioner's agricultural land in survey No.142/1F at Gonour West Village, Mettur Taluk, Salem District and subsequently directing the 2nd respondent to provide necessary police protection at the time of surveying the petitioner's above said property in pursuant of the petitioner's representation dated 16.07.2020 and pass orders.

For Petitioner : Mr.M.Subash For Respondents : Mr.S.N.Parthasarathi Government Advocate.

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the first respondent to act upon the representation made by the petitioner on 16.07.2020 and to conduct the survey in the subject property and to fix the boundaries.

https://hcservices.ecourts.gov.in/hcservices/

2.Mr.S.N.Parthasarathi, learned Government Advocate, appearing on behalf of the first and second respondents submitted that the first respondent has already fixed the date of enquiry on 28.09.2020 at 11 a.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all relevant documents.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the first respondent had already acted upon the representation made by the petitioner, there shall be a direction to the first respondent to take a decision strictly in accordance with law after giving sufficient opportunity to the petitioner and respondents 3 to 6. This process shall be completed within a period of six weeks from the date of receipt of copy of this order.

4.This Writ Petition is disposed of with the above directions. No costs.

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

1. The Tashildar, Mettur Taluk, Salem District.

2. The Inspector of Police, Karumalaikoodal Police Station, Salem.

3. The Public Prosecutor, High Court, Madras.

+1cc to the Government Pleader, Sr.No.30412 W.P.No.12910 of 2020 cp (co) rr ii (21/10/2020) https://hcservices.ecourts.gov.in/hcservices/