Madras High CourtWP(MD)/19516/2018disposed of

M.Balaji v. The Tahsildar,

2018-09-10Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD)No.19516 of 2018 M.Balaji ... Petitioner -Vs1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

2.The Head Surveyor, Pudukkottai Taluk, Pudukkottai District.

3.State represented by The Inspector of Police, Ganeshnagar Police Station, Pudukkottai District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the Respondents to give necessary Police Protection for surveying the Petitioner's lands and fix boundary stones in respect of Survey No.167/20 situated at Pudukkottai, Pudukkottai District based on the Petitioner's representation dated on 29.08.2018, 02.09.2018 within a time frame to be stipulated by this Court. For Petitioner : Mr.G.Mathavan For Respondents : Mr.B.Bhagawathi, Government Advocate.

ORDER

This Writ Petition has been filed for a direction to the respondent police for surveying the petitioner's land by the Tahsildar and to fix the boundary stones.

2.The case of the petitioner is that he is the owner of the property in Survey No.167/20, for the said property, he had applied for a survey of land on 29.08.2018 and also paid the survey fee to the concerned official. The payment is evidenced by the issuance of the Challan on 29.08.2018. It is further case of the petitioner is that at the time of survey, the neighbouring land owners should not cause any hindrance, since only on demarcation of the property, the correct boundaries of the respective owners can be identified.

3.The learned counsel for the petitioner would submit that the title to the property is borne out by the sale deed, dated 27.06.2018. However, the boundaries will have to be perfectly demarcated in order to avoid any confusion in the future. For the said purpose, the petitioner wants a survey to be conducted by the Tahsildar and to fix the boundary stones. The petitioner has already given a representation seeking for police protection on 02.09.2018. 4.Taking into consideration of the facts and circumstances of the case, the third respondent is directed to provide police protection during survey conducted by the first and second respondents in the petitioner's land in order to fix the boundary stones.

5.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar Ls To 1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

2.The Head Surveyor, Pudukkottai Taluk, Pudukkottai District.

3.The Inspector of Police, Ganeshnagar Police Station, Pudukkottai District.

+1cc to Mr.G.Mathavan, Advocate in SR No.83278 +1cc to Spl Government Pleader SR No.83724 W.P(MD)No.19516 of 2018 NM/RSK/SAR 2/19.12.2018/2P/6C