R.Palaniyandi, S/O.Ramasamy, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P.(MD)No.1273 of 2017 R.Palaniyandi ... Petitioner Vs.

1.The Thasildar, Thottiam Taluk, Trichy District.

2.The Sub-Inspector of Police, Kathuputhur Police Station, Thottiam Taluk, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the 1st respondent herein to consider the representation dated 18.01.2017 and to direct the 2nd respondent to provide security for the aforesaid survey of land.

For Petitioner :Mr.V.Karuna For Respondents :Mr.K.P.Krishnadoss Additional Government Pleader

O R D E R

This Writ Petition has been filed invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking direction to the first respondent to consider the representation of the petitioner dated 18.01.2017 and to direct the second respondent to provide security for the survey by way of issuance of writ of mandamus.

2.It is averred in the petition that the petitioner gave a representation to the first respondent to survey the temple land, but the first respondent has not considered the representation and in order to survey the land the police protection is also required. Therefore, this Writ Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel for the petitioner during his arguments reiterated the averments made in the writ petition.

4.The learned Additional Government Pleader contends that the first respondent will consider the representation of the petitioner and pass orders. It is also conceded that the fee for the survey has been remitted.

5.Considering the fact that representations have already been given to the first respondent by the petitioner on 30.03.2016 and 18.01.2017 and the same were not considered, this Court issues the following order:

(i) The writ petition is partly allowed.

(ii) The first respondent is directed to look into the representations of the petitioner dated 30.03.2016 and 18.01.2017 and pass appropriate orders.

(iii) It is for the first respondent to seek police assistance, if necessary.

No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The Thasildar, Thottiam Taluk, Trichy District.

2.The Sub-Inspector of Police, Kathuputhur Police Station, Thottiam Taluk, Trichy District.

+1 cc to M/s.V.Karuna, Advocate in SR.No.4779 +1 cc The Special Government Pleader in SR.No.4730 sj AE/MR-VB/09.02.2017 :2P/5C W.P.(MD)No.1273 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/