Veeramani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Veeramani ... Petitioner Vs.

1.The Tahsildar, Pattukkottai Post and Taluk, 2.The Taluk Surveyor, Pattukkottai Post and Taluk, 3.The Inspector of Police, Madukkur Police Station, Madukkur, 4.C.Jeyakumar ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to survey and fix the four boundaries for the property comprised in S.F.No.162/15A, Periyakkottai Village, Pattukkottai Taluk, Thanjavur District and further direct the 3rd respondent to give adequate protection to survey the property since there is a threat from the 4th respondent.

For Petitioner : Mr.B.Sekar For R1 to R3 : Mr.M.Lingadurai, Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to survey and fix four boundaries for the property comprised in S.F.No.162/15A, Periyakkottai Village, Pattukkottai Taluk, Thanjavur District and further to direct the third respondent to give adequate protection to survey the property, since there is a threat from the fourth respondent, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application on 24.01.2022 before the first respondent, seeking for surveying and marking the boundaries in respect of the aforementioned property, which the 1/3

petitioner claims that he is the absolute owner. 3.According to the petitioner, the fourth respondent is interfering with his peaceful possession and enjoyment of the property. Admittedly, the petitioner's representation dated 24.01.2022 has not been considered till date. Hence, the petitioner has approached this Court.

4.No prejudice would be caused to the respondents, if the petitioner's representation dated 24.01.2022 seeking for surveying and fixing of boundaries is done, after giving notice to the petitioner as well as other parties, who are staking claim over the very same property.

5.This Court, therefore, directs the second respondent to survey and fix the four boundaries for the property comprised in S.F.No.162/15A, Periyakkottai Village, Pattukkottai Taluk, Thanjavur District, after giving notice to the petitioner as well as the fourth respondent and any other necessary parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. The second respondent shall also seek assistance of the third respondent for police protection, in case of need and on receipt of the request made by the second respondent, the third respondent shall grant police aid for the purpose of completing the survey and measurement of the aforementioned properties as directed by this Court.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Deputy Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Tahsildar, Pattukkottai Post and Taluk, 2.The Taluk Surveyor, Pattukkottai Post and Taluk, 2/3

3.The Inspector of Police, Madukkur Police Station, Madukkur, +1 CC to M/s.SPL GP ( SR-5898, SR-5919[F] dated 14/02/2022 ) 10.02.2022 RD(08.03.2022) 3P 5C 3/3