Madras High CourtWP(MD)/6893/2020disposed of

A.Subramani v. The Tahsildar

2020-07-21Honourable Mr Justice R. Pongiappan2 pages

W.P.(MD)No.6893 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.(MD)No.6893 of 2020 A.Subramani ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Oddanchathiram Taluk, Dindigul District.

2.The Taluk Surveyor, Office of the Taluk Surveyor, Oddanchathiram Taluk, Dindigul District.

3.The Inspector of Police, Oddanchathiram Police Station, Dindigul District.

4.K.Sivayogi 5.S.Somasundaram Pillai ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the third respondent herein to provide adequate police protection during the survey and measurements by the respondents 1 and 3 in respect of the petitioner's lands comprised in S.No.7/2B3, 8/2B, 9/3, 9/4 of an extent of 1.28.5 ares situated at Oddachathiram Village and Taluk, Dindigul District on the basis of the petitioner's representation dated 24.05.2020 and 26.05.2020.

For Petitioner : Mr.C.Gangai Amaran For R1 to R3 : Mr.S.Chandrasekar Additional Public Prosecutor For R4 & R5 : Mr.J.Lawrance

O R D E R

This writ petition has been filed seeking a relief of mandamus to direct the third respondent herein to provide adequate police protection during the survey and measurements by the respondents 1 and 3 in respect of the petitioner's lands comprised in S.No.7/2B3, 8/2B, 9/3, 9/4 of an extent of 1.28.5 ares situated at Oddachathiram Village and Taluk, Dindigul District on the basis of the petitioner's representation dated 24.05.2020. 2.Heard the learned counsel appearing for the petitioner and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6893 of 2020 the learned Additional Public Prosecutor appearing for the respondents Nos.1 to 3 and the learned counsel appearing for the respondents Nos.4 and 5.

3.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor, on instructions, would submit that the petitioner and the fourth and fifth respondents are having land dispute in respect to the property comprised in above mentioned survey numbers. In this regard, both the petitioner and the fourth and fifth respondents lodged complaint before the third respondent police, upon which, the third respondent initiated an enquiry in C.S.R.Nos.166 of 2020 and 167 of 2020 respectively. During enquiry, both the parties are advised to measure the property with help of the second respondent. Further more, he undertakes to give necessary protection to the first and second respondents while surveying the property.

4.Recording the submissions made by the learned Additional Public Prosecutor, this writ petition is disposed of. No costs. Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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 Tahsildar, Office of the Tahsildar, Oddanchathiram Taluk, Dindigul District.

2.The Taluk Surveyor, Office of the Taluk Surveyor, Oddanchathiram Taluk, Dindigul District.

3.The Inspector of Police, Oddanchathiram Police Station, Dindigul District.

W.P.(MD)No.6893 of 2020 21.07.2020 KB(29.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2