Madras High CourtWP(MD)/7080/2019dismissed

Maharajan v. The Superintendent Of Police

2021-12-14Honourable Dr Justice G. Jayachandran2 pages

W.P(MD). No.7080 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14.12.2021

CORAM:

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN W.P(MD). No.7080 of 2019 Maharajan ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Theni Collector Office Complex, Theni District.

2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Theni Collector Office Complex, Theni District.

3. The Sub Inspector of Police, Chinnamanoor Police Station, Chinnamanoor, Theni.

4. Karuppayi Ammal ... Respondents PRAYER:This Writ Petition is filed under Article 226 of the Constitution Of India, praying for the issuance of a Writ of mandamus, directing directing the respondents 1 to 3 herein to accord adequate police Station to re-install the survey stone erected by the petitioner with the help of Land Surveyor demarcating the land on 28.01.2019 in S.Nos.597/2 & 598/2, Sub-division No.2, Northern side of East-West Portion in Markaiyankottai Village, Uthamapalayam Taluk, Theni District and also protect the petitioner's life and limb, by considering his representation dated 01.02.2019, within a time stipulated by this Court. For Petitioner : Mr.D.Nallathambi For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate

ORDER

This writ petition is liable to be dismissed in limini, though being kept pending for more than two years, due to the non-listing of the matter.

2.The writ petition is filed for the issuance of a writ of mandamus directing the respondents 1 to 3 police officials to reinstall the Survey stone erected by the petitioner with the help of a land Surveyor on 28.01.2019 and also give protection to the petitioner's life and limb, by considering the representation, dated 01.02.2019.

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W.P(MD). No.7080 of 2019 3.A perusal of the said representation indicates that one Prabu and Moorthy, who are ex-servicemen, refusing to hand over the possession of the land, which falls within the boundaries of the petitioner's land, as ascertained by the Surveyor, who visits the field on 28.01.2019 and fixed the boundary stone after measuring. Whereas in the affidavit filed in support of the writ petition seeking mandamus consider the said representation, it is said that after fixing of the boundary stone by the surveyor in the presence of the third respondent, the stones were removed by the fourth respondent, Karuppayi Ammal. The embelleshment of fact is well found from the counter statements.

4.While the representation of the petitioner, the respondents 1 and 3 should take action against Prabu and Moorthy illegally occupying the land, the mandamus has been filed against one Karuppayi Ammal alleging that she has removed the boundary stone fixed by the surveyor.

5.Since there is no relevance between the representation dated 01.02.2019 and the relief sought for in the writ petition, this Writ petition is dismissed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) To:

1. The Superintendent of Police, Office of the Superintendent of Police, Theni Collector Office Complex, Theni District.

2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Theni Collector Office Complex, Theni District. 3.The Sub Inspector of Police, Chinnamanoor Police Station, Chinnamanoor, Theni.

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

ORDER IN W.P(MD). No.7080 of 2019 Date : 14.12.2021 USK (27.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2