A.M.Adaikkan, v. The Tahsildar (Revenue)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2016
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.10316 of 2016 A.M.Adaikkan ... Petitioner -Vs1.The Tahsildar (Revenue), Ponnamaravathi, Ponnamaravathi Taluk, Pudukkottai District.
2.The Inspector of Police, Ponnamaravathi Police Station, Ponnamaravathi, Pudukkottai District.
3.The Deputy Superintendent of Police, Ponnmaravathi Circle, Ponnamaravathi, Pudukkottai District.
4.Ramasamy Thevar 5.S.Vasantha 6.Natarajan 7.Kalyani ... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 2 and 3 to provide necessary police protection for enabling the 1st respondent to survey the petitioner's land in S.F.No.147/3, Ponnamaravathi East Revenue Village, bearing patta No.3317 with the help of the revenue records along with his land documents and also in pursuance of his representation, dated 11.04.2016.
For Petitioner : Mr.V.Sitharanjandas For Respondents : Mr.D.Muruganandam, 1 to 3 Addl. Govt. Pleader.
O R D E R
The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to provide necessary police protection for enabling the 1st respondent to survey the petitioner's land in S.F.No.147/3, Ponnamaravathi East Revenue Village, bearing patta No.3317, based on his representation, dated 11.04.2016.
2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents 1 to 3. By consent, the writ petition itself is taken up for final disposal. In view of the limited prayer to be granted in this writ petition, this Court is of the view that notice need not be sent to the respondents 4 to 7.
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3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.
4.The learned counsel appearing for the petitioner would submit that he has submitted an application, dated 28.03.2016, to the first respondent / Tahsildar seeking to measure his land in Patta No.3317 situated at S.No.47/3, Ponnamaravathi East Revenue Village. He would further submit that the Tahsildar himself has stated to the petitioner that unless the Police protection is available, he will not be in a position to measure the property and therefore, the petitioner has given a petition on 11.04.2016 to the respondents 2 and 3 seeking Police protection to survey his land. As there was no response to the same, the petitioner has come up with this petition.
5.The learned Additional Government Pleader appearing for the official respondents, on instructions, would submit that they will consider the request of the petitioner, if the first respondent / Tahsildar acknowledges the same.
6. Under such circumstances, the first respondent herein / the Tahsildar (Revenue), Ponnamaravathi, Pudukkottai District is directed to cause an enquiry into the claim of both the parties and to measure the land mentioned in the petition dated 28.03.2016. If the Tahsildar is of the opinion that the problems are likely to arise and that the Police protection is required, he may seek for protection to measure the land. and on such request by the Tahsildar / first respondent herein, the respondents 2 and 3 are directed to render necessary Police protection to the Tahsildar to measure the property.
7.This Writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar (Revenue), Ponnamaravathi, Ponnamaravathi Taluk, Pudukkottai District. 2.The Inspector of Police, Ponnamaravathi Police Station, Ponnamaravathi, Pudukkottai District.
3.The Deputy Superintendent of Police, Ponnmaravathi Circle, Ponnamaravathi, Pudukkottai District. +One cc to Mr.V.Sitharanjandas, Advocate, SR.no.29818 +One cc to The Special Government Pleader, SR.No.29801 gcg RL/6C/2P/ARK/PV/SARI/28/6/2016 ORDER MADE IN W.P(MD)No.10316 of 2016 13.06.2016 https://hcservices.ecourts.gov.in/hcservices/