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Madras High CourtWP/31125/2023disposed of

K.Ranganathan v. The Thasildar

2023-11-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN K.Ranganathan ... Petitioner Vs.

1. The Thasildar, Taluk Office, Sholinganallore Taluk, Chengalpet District.

2. The Inspector of Police, (Law & Order), S-10, Pallikaranai Police Station, Chennai - 600 100.

3. Selvakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to survey the petitioner's house plot properties situated at Chennai District, Sholinganallore Taluk, Pallikaranai Village in Survey No.377/3A1A1A as per patta document No.2269 which is total extent of 0.0.25 hectare ares based on the petitioner on line application along with survey fee E-Chelan No.20230602017817 dated 02.06.2023, consequently direct the second

respondent to provide police protection against the third respondent on the date and time of land survey by the first respondent. For Petitioner : Mr.T.V.G.Kartheeban For R1 : Mr.P.Gurunathan Additional Government Pleader For R2 : Mr.S.Sugendran Additional Public Prosecutor For R3 : Mr.V.Balamurugane

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the first respondent to survey the petitioner's house plot properties situated at Chennai District, Sholinganallore Taluk, Pallikaranai Village in Survey No.377/3A1A1A as per patta document No.2269 which is total extent of 0.0.25 hectare ares based on the petitioner on-line application along with survey fee E-Chelan No.20230602017817 dated 02.06.2023, consequently direct the second respondent to provide police protection against the third respondent on the date and time of land survey by the first respondent.

2. Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for the first respondent and the learned Additional Public Prosecutor appearing for the second respondent and perused the material available on record.

3. With regard to the prayer seeking police protection is concerned, the petitioner is not entitled to the same. If any of the parties obstruct the first respondent from doing his official duty, it is for him, to approach the concerned police. Accordingly, the Writ Petition is dismissed as far as the second respondent is concerned.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the petitioner on-line application dated 02.06.2023 and conduct survey in accordance with law, if the petitioner is otherwise eligible, after issuing notice to all the adjacent land owners namely, all the land owners of the

four boundaries of the petitioner' s land, the petitioner and the interested parties/rival claimants, if any. The abovesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

15.11.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Thasildar, Taluk Office, Sholinganallore Taluk, Chengalpet District.

2. The Inspector of Police, (Law & Order), S-10, Pallikaranai Police Station, Chennai - 600 100.

P.VELMURUGAN, J.

mfa 15.11.2023