K. Kumaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL K. Kumaran ... Petitioner Vs
1. The District Collector, O/o. District Collector, Theni District.
2. The State Represented by the Superintendent of Police, O/o. Superintendent of Police,
3. The Tahsildar, O/o. Thasildar, Bodinayakkanur Taluk,
4. State Represented by the Inspector of Police, Palanichettypatti Police Station, Theni District.
5. The Surveyor, Kodankipatty, Theni District.
6. The Village Administrative Officer, O/o. Village Administrative Office, Kodankipatty, Theni District.
7. Rajendran
8. K. Manjula ... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing respondents No.2 and 4 to provide adequate police protection to conduct the survey of the petitioners land in Survey No.593/4, bearing Patta No. 2062, measuring 1 acre and 59 cents, situated in Kodankipatty Village, Bodinayakkanur Taluk, Theni District after issuing notice to respondent No.7 and 8 and other necessary parties by considering the petitioners complaint dated 25.02.2025 within a time limit as may be fixed by this Court.
For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.R.M.Anbunithi (R2,R4) Additional Public Prosecutor Mr.M.Senthil Kumar (R1,3,5,6) Government Advocate
O R D E R
This Writ Petition has been filed to direct the respondents No.2 and 4 to provide adequate police protection to conduct the survey of the petitioner's land in Survey No.593/4, bearing Patta No.2062, measuring 1 acre and 59 cents, situated in Kodankipatty Village, Bodinayakkanur Taluk, Theni District by considering the petitioner's complaint, dated 25.02.2025.
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2.According to the petitioner, the petitioner is the owner of the property in Survey No.593/4, bearing Patta No.2062, measuring 1 acre and 59 cents, situated at Kodankipatty Village, Bodinayakkanur Taluk, Theni District. He wants to survey the property to ascertain the boundary of the land in order to prevent illegal encroachment. However, the private respondents are causing objections to survey the land. Therefore, the petitioner lodged a complaint before the 4th respondent. Though the 4th respondent has assigned CSR No.147 of 2025, thereafter, no action has been taken. Hence this petition. 3.The learned Government Advocate appearing for the respondents 1, 3, 5 and 6 would submit that the petitioner has applied for survey of land and also paid appropriate fee.
When the concerned Surveyor went to the subject property to conduct survey on 24.02.2025, the adjacent land owners/private respondents are causing objections without any valid reasons. Thereby, they could not conduct survey. 4.The learned Additional Public Prosecutor appearing for the respondents 2 and 4 would submit that they have received the petitioner's complaint and the same is under consideration.
enquiry and dispose the same within a period of one week. 5.Since the prayer of the petitioner is to provide police protection to conduct survey and he has also paid necessary fee and the complaint of the petitioner is pending with the 4th respondent, this Court hereby directs the 4th respondent to consider the complaint of the petitioner and dispose the same, after affording opportunity to all the interested parties, within a period of one week from the date of this order in accordance with law.
6.With the above observations and direction, this Writ Petition is disposed of.
11.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To
1. The District Collector, O/o. District Collector, Theni District.
2. The Superintendent of Police, O/o. Superintendent of Police, 4/6
3. The Tahsildar, O/o. Thasildar, Bodinayakkanur Taluk,
4. The Inspector of Police, Palanichettypatti Police Station, Theni District.
5. The Surveyor, Kodankipatty, Theni District.
6. The Village Administrative Officer, O/o. Village Administrative Office, Kodankipatty, Theni District.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL , J.
PNM ORDER IN 11.03.2025 6/6