Govindammal v. The District Collector, Vellore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Govindammal .. Petitioner

Versus

1.The District Collector, Vellore

2. The District Revenue Officer

3. The Tahsildar Office of the Tahsildar Village Bagayam Range Vellore - 632 002 4.The Deputy Tahsildar Office of the Deputy Tahsildar Village Bagayam Range Vellore - 632 002 5.The Village Administrative Officer Office of the Village Administrative Officer Village Bagayam Range Vellore - 632 002 6.The Superintendent of Police, Vellore Office of the Superintendent of Police District Police Office Building, Sathuvachari .. Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to conduct survey and to mark stones in the petitioner's land in Survey No.73/6, 73/7 and 73/2c as per the petitioner's representation dated 22.05.2024 with the aid of police protection.

For Petitioner : Mr.S.Shujath For Respondent : Mr.P.Sathish for R1 to R5 Additional Government Pleader Mr.S.Sugendran for R6 Additional Public Prosecutor

ORDER

Heard both sides and perused the materials placed on record.

2. This writ petition is filed for a direction, directing the 3rd respondent to conduct survey and to mark stones in the petitioner's land in Survey No.73/6, 73/7 and 73/2c as per the petitioner's representation dated 22.05.2024 with the aid of police protection.

3.By consent of both parties, this writ petition is taken up for final disposal 2/4

4. When this Court asked as to why police protection is required, the learned counsel for the petitioner submitted that since rival claimants are objecting, police protection is required. At the outset, this Court is of the view that since there is a rival claim, this Court cannot grant police protection to survey the land.

5. Such view of the matter, if at all the petitioner wants still to survey the land, let the petitioner file an application or suit under Tamil Nadu Survey and Boundaries Act, 1923 before the competent Civil Court and seek such relief so that it will resolve all the issues.

6. Accordingly, I do not find any merits in the case and this writ petition stands dismissed. No costs.

26.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No Note: Issue Order Copy on 12.08.2024 To, 1.The District Collector, Vellore 3/4

N. SATHISH KUMAR , J.

dhk

2. The District Revenue Officer

3. The Tahsildar Office of the Tahsildar Village Bagayam Range Vellore - 632 002 4.The Deputy Tahsildar Office of the Deputy Tahsildar Village Bagayam Range Vellore - 632 002 5.The Village Administrative Officer Office of the Village Administrative Officer Village Bagayam Range Vellore - 632 002 6.The Superintendent of Police, Vellore Office of the Superintendent of Police District Police Office Building, Sathuvachari 26.07.2024 4/4