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Madras High CourtWP/27402/2019disposed of

T.K.Murugesan, v. The District Superintendent Of Police

2022-02-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.27402 of 2019 T.K.Murugesan

...Petitioner

vs.

1.The District Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, C-1 Police Station, Uthukottai, Thiruvallur District.

3.The Tahsildar, Uthukottai, Thiruvallur District.

4.The Taluk Head Surveyor, Uthukottai, Thiruvallur District.

5.Siva

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 and 4 to survey the land and building comprised in S.No.11/1A2, 11/4, 11/5, 11/6 and 11/8 respectively situated at Tharachi Village, Uthukottai Taluk, Thiruvallur District an extent of 0.10.80 Ares and 0.02.80 Ares by providing police protection by the respondents 1 and 2 to implant boundary stones so as to enable the petitioner to put up compound wall.

For Petitioner : Mr.G.Ethirajulu For R1 and R4 : Mr.P.Balathandayutham Special Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents 3 and 4 to survey the land and building comprised in S.No.11/1A2, 11/4, 11/5, 11/6 and 11/8 respectively situated at Tharachi Village, Uthukottai Taluk, Thiruvallur District an extent of 0.10.80 Ares and 0.02.80 Ares by providing police protection by the respondents 1 and 2 to implant boundary stones so as to enable the petitioner to put up compound wall.

2. The petitioner submitted application to survey the land and building comprised in S.Nos.11/1A2, 11/4, 11/5, 11/6 and 11/8 ad-measuring to an extent of 0.10.80 ares and 0.02.80 ares situated at Tharachi Village, Uthukottai Taluk, Thiruvallur District.

3. On receipt of the same, the 3rd respondent issued notice to the petitioner and counter parties and surveyed the land on 18.11.2019 in respect of the land comprised in S.Nos.11/1A2, 11/4, 11/5 and 11/6. However, the 3rd respondent could not able to survey the land comprised in S.No.11/8 situated at Tharachi Village, Uthukottai Taluk, Thiruvallur District, due to bushes found in the said land comprised in S.No.11/8.

4. Considering the above, whenever the petitioner removed the bushes found in the said land comprised in S.No.11/8, the 4th respondent is directed to consider the request of the petitioner, after issuance of notice to the petitioner, and counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law.

5. With the above direction, this writ petition is disposed of.No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar dm

To 1.The District Superintendent of Police, Thiruvallur District, Thiruvallur.

2.The Inspector of Police, C-1 Police Station, Uthukottai, Thiruvallur District.

3.The Tahsildar, Uthukottai, Thiruvallur District.

4.The Taluk Head Surveyor, Uthukottai, Thiruvallur District.

+1 CC to Mr.G.Ethirajulu, Advocate sr 6924 +1 CC to The Government Pleader sr 7324.

W.P.No.27402 of 2019 PMK(CO) SP(18/02/2022)