Vellaiammal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Vellaiammal ... Petitioner Vs.

1. The Tahsildar, Vadipatti Taluk, Madurai District.

2. The Head Surveyor, Vadipatti Taluk, Madurai District.

3. The Surveyor, Firka Surveyor Office, Muduvarpatti, Vadipatti Taluk, Madurai District.

4. The Sub Inspector of Police, Palamedu Police Station, Madurai District.

5. Kandhan ... Respondents Page No. 1 of 6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to directing the 4th respondent to provide adequate police protection to petitioner and the respondents 1 to 3 to survey the petitioner's land situated in Survey No. 96/1A2, Patta No. 2696, Devaseri Ukadai, Athanur Revenue Village, Vadipatti Taluk, Madurai District, based on his representation dated 18.02.2025 submitted by petitioner in person.

For Petitioner : Mr.P.Veerapandi For R1 to R3 : Mr.M.Senthil Ayyanar Government Advocate For R-4 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to direct the 4th respondent to provide adequate police protection to petitioner and the respondents no.1 to 3 to survey the petitioner's land situated in Survey No. 96/1A2, Patta No. 2696, Devaseri Ukadai, Athanur Revenue Village, Vadipatti Taluk, Madurai District, based on the petitioner's representation dated 18.02.2025.

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2. According to the petitioner, she is the owner of the property in S.F.No.96/1A2, Devaseri Ukadai village and the 5th respondent, who has no nexus with the above said land is causing disturbance to the petitioner and made obstructions for surveying the land. Already the petitioner sent a representation on 12.02.2024 and the same was closed. Thereafter, the petitioner filed a petition before this Court in W.P.(MD) No.25589 of 2024 dated 28.10.2024 for survey the land and the same was allowed. Based on the same, when the petitioner tried to survey the land, the 5th respondent has caused obstructions and thereby, she sent a representation dated 18.02.2025 to the 4th respondent for giving adequate police protection, but the same has not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the 4th respondent would submit that no any representation was received from the petitioner as alleged by her and if any representation given, then they will consider the same in accordance with law.

4. The learned Government Advocate appearing for the respondents Page No. 3 of 6

no.1 to 3 would submit that the petitioner gave a request for survey the land to the Authorities and as per the order of this Court, the 3rd respondent has issued notice to the 5th respondent and he made objections to survey the land.

5. Considering the limited prayer sought for in this petition, this Court without even issuing notice to the 5th respondent inclined to pass order.

6. According to the petitioner, the property belongs to her and when she attempted to survey the land, the 5th respondent restricted her from surveying the land. The learned Government Advocate for respondents no.1 to 3 has also submitted that they already issued notice to the 5th respondent. However, the 5th respondent made objection to survey the land. According to the petitioner, she approached the 4th respondent for police protection, but the same was denied by them. According to the 4th respondent, no any complaint has been received from the petitioner. Now the petitioner served the copy of the representation dated 18.02.2025 to the 4th respondent. Based on that representation, the 4th respondent is directed to consider the representation after giving opportunities to both Page No. 4 of 6

the parties and take appropriate decision in accordance with law.

7. With the above said observations and directions, this writ petition is disposed of. No costs.

18.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To

1. The Tahsildar, Vadipatti Taluk, Madurai District.

2. The Head Surveyor, Vadipatti Taluk, Madurai District.

3. The Surveyor, Firka Surveyor Office, Muduvarpatti, Vadipatti Taluk, Madurai District.

4. The Sub Inspector of Police, Palamedu Police Station, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

P.DHANABAL, J.

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