V.Thirumoorthy, v. Kanthasamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.1433 of 2016 & C.M.P.(MD).No.10866 of 2016 V.Thirumoorthy ...Appellant/3rd Party Vs.

1.Kanthasamy ... Respondent/ Writ Petitioner 2.The Superintendent of Police, Trichy District, Trichy.

3.The Deputy Superintendent of Police, Manapparai, Trichy District.

4.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

5.The Tashildar, Marungapuri, Now at Kallupatti, Trichy District. .. Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent Act against the order, dated 10.08.2015 in W.P.(MD).No.14598 of 2016.

Prayer in WP(MD). 14598/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondent 1 to 3 to give adequate Police Protection while the 4th respondent measuring petitioner land situated in Thethur Village in Survey No.217/9A, 217/10, 217/11, 217/12, 217/8 to an extent of 0.22.0 Acres i.e., 53 1/2 cents by considering petitioners representation dated 19.07.2016. For Appellant : Mr.S.Gopalamanikandan For Respondents : Mr.R.Sureshkumar for R1 Mr.S.Chandrasekar, for R2 to R5 Government Advocate

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J] Heard Mr.S.Gopalamanikandan, learned counsel for the appellant, Mr.R.Sureshkumar, learned counsel for the first respondent and Mr.S.Chandrasekar, learned Government Advocate for the respondents 2 to 5.

2.This appeal is directed against the order, dated 10.08.2016, in W.P.(MD).No.14598/2016. The first respondent/writ petitioner approached this Court to direct the fourth respondent, herein the Inspector of Police, Thuvarangurichi Police Station, Tiruchirappalli, to give police protection to the Tahsildar, Marungapuri now at Kallupatti, Tiruchirappalli, to survey his land.

3. The writ petition was disposed of with a direction to the Inspector of Police, Thuvarangurichi Police Station, Tiruchirappalli, to consider the representation of the petitioner. Aggrieved by the same, the appellant is before this Court contending that when there was an attempt to survey the land by the first respondent, objection was raised and this fact has been admitted by the first respondent/writ petitioner in the affidavit filed in support of the writ petition. However, the appellant, the neighbouring land owner was not impleaded as a party. When this ground was canvassed by the appellant, this Court prima facie found that the appellant has made out a case to grant an interim order.

4. The first and foremost issue to be decided is whether the first respondent is entitled to seek for measurement of the property and whether he is the owner of the property. This issue cannot be considered by the Inspector of Police, Thuvarangurichi Police Station, Tiruchirappalli. If the Tahsildar has issued patta, then the Revenue Officials can consider the same. However, when there is dispute over the right to the property, then even the revenue officials cannot decide the same and the remedy lies before the civil Court. Therefore, we are of the view that a direction need not have been issued to the Inspector of Police, Thuvarangurichi Police Station, Tiruchirappalli District, to consider the representation and at the first instance, the parties have to approach the Tahsildar for necessary relief.

Therefore, we are inclined to interfere with the order of the writ Court and accordingly, the order impugned is set aside.

appellant, other neighbouring land owners, who own lands on the four boundaries of the property owned by the first respondent/writ petitioner and the other Co-pattardars and after hearing all the parties shall take a decision in accordance with law. The writ appeal is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

4.The Tashildar, Marungapuri, Now at Kallupatti, Trichy District.

+1 cc to Mr.R.Suresh kumar , Advocate in SR.No. 54567 +1 cc to Mr.S.Gopalamanikandan, Advocate in SR.No. 54122 jikr AE/JC/10.05.2017/3P/7C W.A.(MD) No.1433 of 2016 & C.M.P.(MD).No.10866 of 2016 25.04.2017