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Madras High CourtWP/18224/2023disposed of

R.K.Arvind v. The Joint Commissioner

2023-09-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.K.Arvind ... Petitioner Vs.

1.The Joint Commissioner, at Thirumangalam Police Station, Anna Nagar West Extn., Chennai - 600 101.

2.The Inspector of Police, K4 Police Station, Anna Nagar East, Chennai - 600 040.

3.The Tahsildar, Aminjikarai Taluk, Chennai - 600 030.

4.The Surveyor, Aminjikarai Taluk, Chennai - 600 030.

5.N.Suganthi 6.B.R.Nandakumar

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct respondents to grant 1/4

adequate police protection to the petitioner and its constituents for establishing the writ of mandamus or any other appropriate writ or direction, directing the 1st and 2nd respondents to offer police protection to the 4th respondent in the course of measurement and demarcation of the petitioner's property acquired title under partition deed dated 20.04.2022 No.1960/2022, vide representation dated 10.05.2023, thereby enabling the petitioner to fence his property.

For Petitioner : Mr.AR.M.Arunachalam For Respondents-1 to 4 : Mr.A.Gopinath Government Advocate (Crl. Side) For Respondents-5 & 6 : Mr.R.Bharath Kumar

O R D E R

This writ petition has been filed for a direction to the respondent police to provide police protection to the petitioner to measure and demarcate the subject property belonging to the petitioner.

2. Heard Mr.AR.M.Arunachalam, learned counsel for petitioner, Mr.A.Gopinath, learned Government Advocate (Crl.Side) for respondents 1 to 4 and Mr.R.Bharath Kumar, learned counsel for respondents 5 and 6. 2/4

3. Learned counsel appearing on behalf of respondents 5 and 6 submitted that they did not create any disruption for surveying the property and that they will co-operate for the survey, if it is done inline with the title documents belonging to the respective parties.

4. The petitioner wants to survey the subject property with the help of third and fourth respondents. The third and fourth respondents at the time of conducting survey will rely upon the title documents of the respective parties. Hence, considering the specific stand taken by the fifth and sixth respondents, there shall be a direction to the third and fourth respondents to conduct the survey in the subject property based on the title documents and the second respondent shall provide police protection at the time of survey. It is made clear that the order passed in this writ petition does not in any way decide the right and title over the subject property.

5. This writ petition is disposed of in the above terms. No costs. 20.09.2023 Index : Yes/No Speaking/Non-Speaking Order rsi 3/4

N.ANAND VENKATESH, J rsi To 1.The Joint Commissioner, at Thirumangalam Police Station, Anna Nagar West Extn., Chennai - 600 101.

2.The Inspector of Police, K4 Police Station, Anna Nagar East, Chennai - 600 040.

3.The Tahsildar, Aminjikarai Taluk, Chennai - 600 030.

4.The Surveyor, Aminjikarai Taluk, Chennai - 600 030.

5.The Public Prosecutor, High Court, Madras.

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