R.Peeti Raja v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2020
CORAM:
THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN R.Peeti Raja ... Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Usilampatti Taluk Police Station, Usilampatti, Madurai District.
3.The Sub Inspector of Police, Uthappanaickanur Police Station, Uthappanaickanur, Madurai District.
4.The Taluk Surveyor, Usilampatti Taluk, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to provide adequate police protection to the fourth respondent to survey the petitioner's land in Survey No.74/4D, situated at Ayyanarkulam Village, Usilampatti Taluk, Madurai District by considering the petitioner's representation dated 02.09.2020. For Petitioner : Ms.M.Veeralakshmi For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor
ORDER
The petitioner filed this writ petition praying for issuance of a writ of mandamus to direct the respondents 2 and 3 to provide adequate police protection to the fourth respondent to survey the petitioner's land in Survey No.74/4D, situated at Ayyanarkulam Village, Usilampatti Taluk, Madurai District, by considering the petitioner's representation dated 02.09.2020.
2.The grievance of the petitioner is that he is having the property in Survey No.74/4D, to an extent of 2100 sq.feet situated at Ayyanarkulam Village, Usilampatti Taulk, Madurai 1/3
District. Subsequent to the purchase, from the above said extent, on 31.10.2019, the petitioner sold out two cents in favour of one Mrs.Chithra, W/o.Jeyachandran. After completion of the same, in order to subdivide the land belongs to the petitioner, he gave a representation to the Revenue Authority to measure the land. Considering the representation given by the petitioner, the fourth respondent, who is the Surveyor visited the property on 25.08.2020. However, on the said date, the neighbouring land owner causing disturbance to the fourth respondent for surveying the land. Thereafter, now the fourth respondent fixed the date for surveying the land on 12.09.2020 . Hence, in the said circumstances, adequate police protection is necessary for surveying the land, which is owned by the petitioner.
3.In this regard, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that if the petitioner is ready to give prior notice by mentioning the date of survey, the respondent police will provide adequate police protection. The said submission is recorded.
4.Therefore, in view of the submission made by the learned Additional Public Prosecutor, no further order is necessary for disposing of this petition. Hence, the Petitioner is directed to give a representation to the third respondent by mentioning the date on which the fourth respondent is proposed to visit the property for the purpose of measuring property. 5.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) cp 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.
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To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police, Usilampatti Taluk Police Station, Usilampatti, Madurai District.
3.The Sub Inspector of Police, Uthappanaickanur Police Station, Uthappanaickanur, Madurai District.
4.The Taluk Surveyor, Usilampatti Taluk, Madurai.
+1 CC to M/s.B. JENIFER BIBIN, Advocate ( SR-16562[F] dated 10/09/2020 ) 10.09.2020 SPU (10.09.2020) 3P 6C 3/3