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Madras High CourtWP(MD)/14551/2022disposed of

Thiruvavadudurai Adhinam v. The Superintendent Of Police

2022-07-07Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Thiruvavadudurai Adhinam Represented by the Inspector, Veeranathan S/o.Murugan Chettiar, 11/10, Theppakulam Street, Suchindram, Agasteeswaram Taluk, Kanyakumari District.

...Petitioner

Vs.

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Krishnankovil Police Station, Kanyakumari District.

3. Balasenathipathi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to provide adequate police protection at the time of survey our land in Survey No.252/1 with an extent of 0.33.5 hectares, Survey No.252/2 with an extent of 0.02.5 hectares, Survey No.252/3 with 1/5

an extent of 0.20.0 and Survey No.252/4 with an extent of 0.14.5 hectares situated at Kanyakulam Village and the Survey No.341/1, with an extent of 020.5 hectares and 342/5A with an extent of 2.98.0 hectares situated at Putheri Village, Agasteeswaram Taluk, Kanyakumari District based on the petitioner's representation dated .. 03.2022. For Petitioner : Mr.M.Ramu For R1 and R2 : Mr.M.Sakthi KUmar Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents 1 and 2 to provide adequate police protection at the time of survey our land in Survey No.252/1 with an extent of 0.33.5 hectares, Survey No.252/2 with an extent of 0.02.5 hectares, Survey No.252/3 with an extent of 0.20.0 and Survey No.252/4 with an extent of 0.14.5 hectares situated at Kanyakulam Village and the Survey No.341/1, with an extent of 020.5 hectares and 342/5A with an extent of 2.98.0 hectares situated at Putheri Village, Agasteeswaram Taluk, Kanyakumari District based on the petitioner's representation dated .. 03.2022.

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2. When the matter is taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 submitted that so far no representation has been given seeking police protection.

3. There is no dispute that the properties mentioned in the survey lands belongs to the petitioner. Now, he wants to survey the land, since the third respondent and others preventing them. Therefore, he seeks police protection. But, no representation has been given so far to the second respondent/ the Inspector of Police.

4. In these circumstances, if any fresh representation is given by the petitioner, the second respondent is directed to consider the representation and to provide police protection for surveying the land .

5. With the above direction, this writ petition is disposed of. No costs.

07.07.2022 Index :Yes/No ebsi 3/5

To

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Krishnankovil Police Station, Kanyakumari District.

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

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V.SIVAGNANAM., J ebsi 07.07.2022 5/5