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Madras High CourtWP(MD)/3063/2022dismissed

Kanishkar .J v. The Superintendent Of Police

2022-02-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No. 3063 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 3063 of 2022 J.Kanishkar ... Petitioner Vs.

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

2. The Inspector of Police, Chinnamanoor Police Station, Theni District.

3. The Tahsildar, Office of Tahsildar, Uthamapalayam, Theni District.

4. The Taluk Surveyor, Office of Tahsildar, Uthamapalayam, Theni District.

5. Sigamani ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents no. 1 to 4 herein to consider the petitioner's representation dated 25.01.2022 and further direct to provide adequate police protection while surveying the property in Survey No. 381, to the extent of 9 cents situated at Markayankottai Village, Uthamapalayam Taluk, Theni District within the time limit stipulated by this Court. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side)

O R D E R

The prayer in this writ petition is to direct the respondents 1 to 4 herein to consider the petitioner's representation dated 25.01.2022 and further direct to provide adequate police protection while surveying the property in Survey No. 381, to the extent of 9 cents situated at Markayankottai Village, Uthamapalayam Taluk, Theni District.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No. 3063 of 2022 2.The petitioner submitted application before the third respondent to survey his property comprised in S.No.381 to an extent 1 acre and 84 cents, situated at Markayankottai Village, Uthamapalayam Taluk, Theni District and it is pending. While the said application is pending, the petitioner seeks police protection to survey his land.

3.It is made clear that if the third respondent engaged any surveyor to survey his land on his application and if any surveyor seeks police protection, it may be considered after conducting enquiry with the fourth respondent herein, the said surveyor can very well approach the jurisdictional police station to provide adequate police protection to survey the land. 4.Therefore, the request made by the petitioner cannot be granted and the prayer sought for in this Writ Petition is devoid of merits and the same is dismissed. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

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

2. The Inspector of Police, Chinnamanoor Police Station, Theni District.

3. The Tahsildar, Office of Tahsildar, Uthamapalayam, Theni District.

4. The Taluk Surveyor, Office of Tahsildar, Uthamapalayam, Theni District.

W.P (MD).No.3063 of 2022 16.02.2022 DP(26.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2