Veeraputhira Thevar.K v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7505 of 2022 K.Veeraputhira Thevar ... Petitioner Vs.
1.The Superintendent of Police, Office of Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Chokkampatti Police Station, Chokkampatti, Tenkasi.
3.The Tahsildar, Kadayanallur Taluka Office, Kadayanallur Taluka, Tenkasi District.
4.The Head Surveyor, Kadayanallur Taluka Office, Kadayanallur Taluka, Tenkasi District.
5.Senthurpandi ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to direct the 4th respondent to survey the petitioner's land with police protection, in Survey No.750/1 an extent of 34 cents in Chokkampatti Village, Kadayanallur Taluk, Tenkasi District, by considering his representation, dated 29.03.2022 and for other such reliefs within the period stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mrs.S.Jeya Priya for R1 to R4 Government Advocate
O R D E R
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the property comprised in Survey No.750/1, measuring an extent of 34 cents in Chokkampatti Village, Kadayanallur Taluk, Tenkasi District, on the basis of petitioner's representation, dated 29.03.2022, within a time frame to be fixed by this Court.
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2.The petitioner has submitted a representation to the official respondents on 29.03.2022, seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this writ petition has been filed.
3.Heard Mr.A.Haja Mohideen, learned Counsel for the writ petitioner and Mrs.S.Jeya Priya, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 4. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 29.03.2022, for the said purpose.
5.No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner, fifth respondent and any other necessary party, whom the respondents deem fit to put on notice at the time of survey. 6.Accordingly, this Court directs the respondents 3 and 4 to survey and fix the boundaries in the petitioner's property comprised in Survey No.750/1 an extent of 34 cents in Chokkampatti Village, Kadayanallur Taluk, Tenkasi District, after giving notice to the petitioner, the fifth respondent and any other necessary party, whom the respondents 3 and 4 deem fit to put on notice at the time of survey, within a period of twelve [12] weeks from the date of receipt of a copy of this order. If required, the third and fourth respondents shall seek assistance of the second respondent police for the purpose of conducting survey and demarcation of the petitioner's land.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (AS) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) TM 2/3
To 1.The Superintendent of Police, Office of Superintendent of Police, Tenkasi District, Tenkasi.
2.The Inspector of Police, Chokkampatti Police Station, Chokkampatti, Tenkasi.
3.The Tahsildar, Kadayanallur Taluka Office, Kadayanallur Taluka, Tenkasi District.
4.The Head Surveyor, Kadayanallur Taluka Office, Kadayanallur Taluka, Tenkasi District.
+1 CC to M/s.SPL.GP. ( SR-20720[F] dated 22/04/2022 ) 21.04.2022 NSN(CO) KB(05.05.2022) 3P 6C 3/3