M.Radhakrishnan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M.Radhakrishnan ... Petitioner Vs.

1.The District Collector Ranipet Ranipet District 2.The Revenue Divisional Officer Walajah Taluk Ranipet District 3.The Tahsildar Walajah Taluk Office Ranipet District 4.The Surveyor (Town Survey) Walajah Taluk Office Ranipet District 5.The Inspector of Police Arcot Town Police Station Ranipet District 6.P.Dharmichand ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue writ of Mandamus directing the 1st respondent to direct the 2nd, 3rd and 4th respondents to pass an order based on in view of representation dated 05.09.2023, to survey the land by metes and bounds measuring about an extent of 0.39.0 Ares 0.96 Cents, petitioner's property comprised in Survey No.133/1, at Rasathpuram Village, Walajah Taluk, Ranipet District, by considering the petitioner's representation with in a time frame that may be fixed by this Court and direct the 5th respondent to gie adequate police protection to the petitioner from the 6th respondent, on the day of surveying the petitioner's property.

For Petitioner : Mr.R.Naresh Kumar For Respondents : Mr.P.Gurunathan Additional Government Pleader for R1 to R4 Mr.S.Sugendran Additional Government Pleader for R5

ORDER

This Writ Petition is filed for a writ of Mandamus directing the 1st respondent to direct the 2nd, 3rd and 4th respondents to pass an order based on in view of representation dated 05.09.2023, to survey the land by metes and bounds measuring about an extent of 0.39.0 Ares 0.96 Cents, petitioner's 2/5

property comprised in Survey No.133/1, at Rasathpuram Village, Walajah Taluk, Ranipet District, by considering the petitioner's representation with in a time frame that may be fixed by this Court and direct the 5th respondent to gie adequate police protection to the petitioner from the 6th respondent, on the day of surveying the petitioner's property.

2. Heard and perused the records.

3. It is seen that there is a dispute of encroachment in the petitioner's property which is purely a civil dispute which requires oral and documentary evidence and the same cannot be decided in the writ petition.

4. Therefore, the writ petition is dismissed at the admission stage itself. There shall be no order as to costs. The petitioner is at liberty to work out his remedy before the civil Court.

02.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To 1.The District Collector Ranipet Ranipet District 2.The Revenue Divisional Officer Walajah Taluk Ranipet District 3.The Tahsildar Walajah Taluk Office Ranipet District 4.The Surveyor (Town Survey) Walajah Taluk Office Ranipet District 5.The Inspector of Police Arcot Town Police Station Ranipet District 4/5

P.VELMURUGAN. J.

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