Madras High CourtWP(MD)/10586/2024disposed of

Subramanian v. The Tahsildar

2024-11-29Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Subramanian, S/o.Madasamy Raja, Rep. by his Power Agent, R.Devaraja, S/o.Ramasamy Raja ... Petitioner Vs.

1.The Tahsildar, Nilakottai Taluk Office, Nilakottai, Dindigul District.

2.The Head Surveyor, Nilakottai Taluk Office, Nilakottai, Dindigul District.

3.The Inspector of Police, Viru Veedu Police Station, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third 1/5

respondent Police to provide adequate Police protection as per the proceedings issued by the first respondent in No.1169/2024/S, dated 28.03.2024, during the conduct of the survey of petitioner's property comprised in S.No.164/2A, situated at Chekapatti Village, Nilakottai Taluk, Dindigul District, by the respondents 1 and 2. For Petitioner : Mr.B.Jameel Arasu For R1 and R2 : M.Muthumanikkam Government Advocate For R3 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking a direction to the third respondent Police to provide adequate Police protection as per the proceedings issued by the first respondent in No.1169/2024/S, dated 28.03.2024, during the conduct of the survey of the petitioner's property, comprised in S.No.164/2A, situated at Chekapatti Village, Nilakottai Taluk, Dindigul District, by the respondents 1 and 2.

2. The learned counsel for the petitioner contends that the first respondent, in his proceedings No.1169/2024/S, dated 28.03.2024, had directed the third respondent to provide adequate Police protection for 2/5

surveying the petitioner's property, which is located in Survey No. 164/2A, situated in Chekkapatty Village, Nilakottai Taluk. However, no action has been taken thereafter.

3. The learned Additional Public Prosecutor appearing for the third respondent Police submitted that, following a request from the Tahsildar on 02.04.2024, a survey was scheduled. Due to some resistance, Police protection was provided, but the survey could not be conducted due to continued resistance. The learned Additional Public Prosecutor further submitted that, if the Tahsildar makes request to survey the petitioner's land in Survey No.164/2A at Chekkapatty Village, Nilakottai Taluk, adequate Police protection will be provided to ensure the survey is conducted

4. In view of the above submission, this Writ Petition is disposed of. No costs.

29.11.2024 NCC : Yes / No Index : Yes / No smn2 3/5

To 1.The Tahsildar, Nilakottai Taluk Office, Nilakottai, Dindigul District.

2.The Head Surveyor, Nilakottai Taluk Office, Nilakottai, Dindigul District.

3.The Inspector of Police, Viru Veedu Police Station, Dindigul District.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 29.11.2024 5/5