Kalimuthu v. Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Kalimuthu

...Petitioner

Vs.

1.The Tahsildar, Taluk Office, Thirvadanai, Ramnad District.

2.The Inspector of Police, Thirvadanai Police Station, Ramnad District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to give protection during the survey of the petitioner's land situated in Survey Nos.41/5A3 and 41/5C, Panichagudi group in Nedumaram Village on the date fixed by the first respondent. For Petitioner : Mr.G.Chandrasekar For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition has been filed seeking for issuance of Mandamus, directing the second respondent to give protection during the survey of the petitioner's land situated in Survey Nos.41/5A3 and 41/5C, Panichagudi group in Nedumaram Village on the date fixed by the first respondent. .

2. The facts of the case are that the lands in Survey No.41/5A3 and 41/5C situated at Panichagudi Group, Nedumaran Village belongs to the petitioner. With regard to fixation of boundaries, there was a dispute between the petitioner and one Babu. In this connection, the petitioner approached the first respondent with petition for surveying the land. The first respondent issued a notice requesting the petitioner and the adjacent land owner to be present on 25.04.2022 with all necessary documents for surveying the land. Thereafter, the said Babu threatened the petitioner and made his objection for surveying the land. Having no other way, the petitioner approached the second respondent Police to provide adequate protection while conducting survey. Since, no action was taken, the present Writ Petition has been filed.

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3. The learned counsel for the petitioner submitted that the petitioner seeks Police protection to survey their disputed land.

4. The learned Government Advocate (Criminal Side) submitted that the respondent Police is ready to give protection during the survey period.

5. Recording the same, this Court directs the second respondent to provide sufficient protection during the survey of the petitioner's land situated in Survey Nos.41/5A3 and 41/5C, Panichagudi group in Nedumaram Village on the date fixed by the first respondent.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

04.07.2022 Index :Yes/No Internet : Yes/ No Nsr 3/4

V.SIVAGNANAM, J.

Nsr To 1.The Tahsildar, Taluk Office, Thirvadanai, Ramnad District.

2.The Inspector of Police, Thirvadanai Police Station, Ramnad District.

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