Meenakshi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD) No.11822 of 2018 Meenakshi ... Petitioner -vs1. The District Collector, Trichy District, Trichy.

2. The Commissioner of Police, Trichy Town, Trichy.

3. The Tahsildar, Trichy West Taluk Office,

4. The Inspector of Police, Thillai Nagar Police Station, Law and Order, Trichy District.

5. The Town Surveyor, Trichy West Taluk, ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey the land in situated in New Ward E New Block No.26 comprised in New T.S.No.6 Trichy Taluk, Trichy District and give adequate protection by considering the representation dated 13.03.2018 within the time may be stipulated by this Honble Court. For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.V.R.Shanmuganathan Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents to survey the land situated in New Ward E, New Block No.26, comprised in New T.S.No.6, Trichy Taluk, Trichy District and give adequate protection by considering her representation dated 13.03.2018.

2. Mr.V.R.Shanmuganathan, learned Special Government Pleader takes notice for the respondents. By consent on either side, the writ petition is taken up for final disposal at the

admission stage itself.

3. It is the case of the petitioner that she is the Managing Partner of M/s.Eschol Infra Firm and the land in question was purchased by her from one Thirusangu, for the usage of the firm, vide sale deed in Doc.No.2004 of 2017 dated 28.04.2017 on the file of the Sub Registrar, Uraiyur, Trichy District. It is the further case of the petitioner that in order to demarcate the property and save the same from external aggression, a representation dated 13.03.2018 was forwarded through her husband to the 3rd respondent / Tahsildar with a copy to the 4th respondent / Inspector of Police for survey and police protection respectively.

4. It is the grievance of the petitioner that despite such representation being made, there is neither any positive reply from the respondents nor the representation evoked any response, which necessitated the petitioner to knock at the doors of this Court with the above relief. The petitioner has further stated that in the representation, she has narrated the threat perception meted out by her and her workers at the hands of some hooligans, when they attempted to construct a wall around the property. Therefore, it is prayed that a suitable direction should be issued to the respondents to survey the land, on deployment of police personnel, as their life is at peril.

5. The learned Special Government Pleader appearing for the respondents would strongly oppose to the relief sought for by the petitioner, by contending that the property in question cannot be, just like that, surveyed without verifying the authenticity of the document in possession of the petitioner. Further, it is not stated as to whether any suit is pending in respect of the property or not, as it is admitted by the petitioner herself that her vendor had purchased the land from Trichy Co-operative Housing Society Ltd., Trichy. He has also represented that in the event of any suit pending in respect of the property, there will be difficulty for the Police to give protection for surveying the property and therefore, he prayed for dismissal of the petitioner in limine.

6. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

7. The apprehension of pendency of suit and other things etc., as stated by the learned Special Government Pleader appearing for the respondents is not a justifiable ground for keeping the representation pending, as once a representation is received, it is the bounden duty of the authorities to consider the same in one way or the other and sitting over it unnecessarily, without taking any decision thereon, on account of some surmises and suppositions, is highly depreciable. The

petitioner only wants to survey her property as per the sale deed in possession to enable her to put up a boundary. It is appropriate to state here that Article 21 of the Constitution of India speaks about the protection of life and personal liberty of an individual, by stipulating that no person shall be deprived of his life or personal liberty except according to procedure established by law.

8. If an individual endangers threat to his/ her life, limb or property, he or she is left with no other option, but to approach the State for appropriate remedy, which the petitioner has rightly invoked in the given facts and circumstances of the case and it is the duty of the respondents to act rapidly without showing any lethargic attitude.

9. In fine, considering the facts and circumstances of the case, the third respondent / The Tahsildar, Trichy West Taluk Office, Trichy District is directed to survey the property of the petitioner in question, on the basis of her representation dated 13.03.2018 and complete the same within a period of three weeks from the date of receipt of a copy of this order. The second respondent / The Commissioner of Police, Trichy Town, Trichy, is directed to issue suitable direction to the fourth respondent / The Inspector of Police, Thillai Nagar Police Station (L&O), Trichy District to give adequate police protection for surveying the property of the petitioner, as and when required by the third respondent to carry out the said work.

10. With the above direction, this Writ Petition is disposed of. No costs.

Sd/ Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To:

1. The District Collector, Trichy District, Trichy.

2. The Commissioner of Police, Trichy Town, Trichy.

3. The Tahsildar, Trichy West Taluk Office,

4. The Inspector of Police, Thillai Nagar Police Station, Law and Order, Trichy District.

5. The Town Surveyor, Trichy West Taluk, +1cc to Mr.D.SELVANAYAGAM, Advocate, SR.No. 66506 +1cc to M/s.Special Government Pleader,SR.No.66533 W.P.(MD) No.11822 of 2018 01.06.2018 AR KK/SKN RSK/SAR-2/22.06.2018/4P-8C