A.Mahamayee, D/O. Arasan, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE W.P.[MD].No.22587 of 2018 and W.M.P(MD)No.20467 of 2018 A.Mahamayee : Petitioner Vs.

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

2.The Inspector of Police, K.Pudupatti Police Station, Pudukkottai District.

3.The Tahsildar, Taluk Office, Thirumayam Taluk, Pudukkottai District.

: Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 09.11.2016 and the representation 05.06.2017 and to give adequate police protection to the petitioner and her properties situated in S.No.181/2, 181/4, 181/10, 191/6, 176/3, 181/5 and 189/1, 189/2, 189/6 in Kaaramangalam Village, Thirumayam Taluk, Pudukkottai District. For Petitioner : Mr.M.Saravanakumar For Respondents : Mrs.S.Bharathi Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking a direction to the respondents 1 and 2 to consider the petitioner's representation dated 09.11.2016 and 05.06.2017 and to give adequate police protection to the petitioner and her properties situated in S.No.181/2, 181/4, 181/10, 191/6, 176/3, 181/5 and 189/1, 189/2, 189/6 in Kaaramangalam Village, Thirumayam Taluk, Pudukkottai District. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.sid) appearing for the respondents.

3.The petitioner faces disturbance from his neighbor over measuring or identifying his property.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioner submits that the petitioner owns a coconut drove in Survey Nos.181/2, 181/4,

181/10, 191/6, 176/3, 181/5 and 189/1, 189/2, 189/6 in Kaaramangalam Village, Thirumayam Taluk, Pudukkottai District. Earlier, when he wanted to measure the property and fix its boundaries, faced obstruction from his neighbour and the property could be surveyed and measured only after obtaining permission in CrlO.P(MD)No.21338 of 2014. After the last year's 'Gaja' cyclone, all his coconut trees have been uprooted and now the petitioner goes to remove the fallen trees. He faces identical obstruction from his neighbour. It has therefore become necessary to identify the petitioner's property once again with the help of Surveyor.

5. The learned counsel for the petitioner submitted that a representation has been made to the concerned officials and notice for survey is yet to be given.

6. The petitioner has every right to survey and identify the boundaries of the property and that cannot be interfered with. It is now the responsibility of the survey officials to issue notice to the petitioner and all other adjacent owners and if the Surveyor faces any obstruction from any of the adjacent owners, then he can move the police officials. On that event, the second respondent police shall give him such necessary protection as has been consented to in the counter for discharging Surveyor's official responsibility.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected W.M.P.(MD)No.20467 of 2018 is closed. Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar(CS ) To, 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, K.Pudupatti Police Station, Pudukkottai District.

3.The Tahsildar, Taluk Office, Thirumayam Taluk, Pudukkottai District.

+1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-59180[F] dated 05/04/2019 ) W.P.[MD].No.22587 of 2018 and W.M.P.(MD)No.20467 of 2018 DS : 25 04 2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/