← Library
Madras High CourtWP(MD)/12563/2020dismissed

Murugan, v. The Superintendent Of Police,

2022-02-09Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.12563 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.12563 of 2020 Murugan

...Petitioner

Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Tahsildar, Singampunari Taluk, Sivagangai District.

3.The Inspector of Police, Ulagampatty Police Station, Sivagangai District.

4.The Head Surveyor, Singampunari Taluk Office, Singampunari Taluk, Sivagangai District.

5.Andikalai

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 and 3 herein to give adequate police protection to survey the petitioner's land situated in Survey No.76/35B comprising in Patta No.592 at Melavannayiruppu Village & Revenue Group, Singampunari Taluk, Sivagangai District, based on the petitioner's representation dated 10.09.2020, within a stipulated time fixed by this Court. For Petitioner : Mr.T.Veerakumar For R1 to R4 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

This Writ Petition is filed seeking a direction to the respondents 1 and 3 to give adequate police protection to survey the petitioner's land situated in Survey No.76/35B comprising in Patta No.592 at Melavannayiruppu Village & Revenue Group, Singampunari Taluk, Sivagangai District, based on the petitioner's representation dated 10.09.2020, within a stipulated time fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12563 of 2020 2.It is the contention of the learned counsel appearing for the petitioner that the 5th respondent has forged the patta, which was found in the subsequent enquiry. Therefore, the petitioner alone is the owner of the property as per the assignment. While surveying the property, the 5th respondent has objected the same. Therefore, the protection is sought for.

3.As the dispute is with regard to the boundaries, this Court is of the view that without identifying the boundaries and establishing the title, no such blanket directions could be granted. If the petitioner is so advised, he is at liberty to file a proper suit under the Tamil Nadu Survey and Boundaries Act, 1923. 4.In view of the above, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr 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. To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Tahsildar, Singampunari Taluk, Sivagangai District.

3.The Inspector of Police, Ulagampatty Police Station, Sivagangai District. 4.The Head Surveyor, Singampunari Taluk Office, Singampunari Taluk, Sivagangai District.

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-5422[F] dated 10/02/2022 ) W.P.(MD)No.12563 of 2020 09.02.2022 RD(22.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2