Madasamy S/O. Akkini v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2017

CORAM:

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.(MD)No.3912 of 2017 Madasamy ... Petitioner Vs.

1.The Revenue Divisional Officer, / Sub Collector, Tenkasi, Tirunelveli District.

2.The Tahsildar, Kadayanallur, Tirunelveli District.

3.The Sub Inspector of Police, Aiykudi Police Station, Tenkasi Sub Division, Tirunelveli District.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to provide adequate police protection for survey the petitioner's property in Survey No.335/4, Plot No.312, Aiykudi Village, Sengottai Taluk, Tirunelveli District and also direct the 2nd respondent to conduct survey and without influence of anyone. For Petitioner : Mr.Arun Swaminathan for M/S Chettinad Legal Solutions For Respondents : Mr.M.Alagathevan, Spl.G.P.

O R D E R

The petitioner seeks for a Writ of Mandamus, directing the 3rd respondent to provide adequate police protection for surveying the property in Survey No.335/4, Plot No.312, Aiykudi Village, Sengottai Taluk, Tirunelveli District and also direct the 2nd respondent to conduct survey for the said land. 2.According to the petitioner, he was assigned 0.02 cents of land in the above said survey number by a proceedings dated 19.01.1986 in Na.Ka.C1/Veema 1/ 1986. When the petitioner has decided to construct a building in the said land, some of the neighbourhoods are preventing the petitioner from entering into the said land. Hence, the petitioner preferred a complaint before the 3rd respondent on 23.08.2014. Thereafter, in order to survey the said land, on 22.02.2017 when the Surveyors tried to survey https://hcservices.ecourts.gov.in/hcservices/

the said land, the local people prevented the Surveyor from carrying out his work. Therefore, the petitioner has approached this Court with the aforesaid relief.

3.The learned Special Government Pleader appearing for the respondents would submit that the local people have given an undertaking that they would not cause any disturbance for surveying the land. He would further submit that for surveying the land of the petitioner, adequate police protection would be given.

4.In such view of the matter, the respondents 2 and 3 are directed to survey the land within a period of 8 weeks from the date of receipt of a copy of this order and the 3rd respondent is directed to provide adequate police protection for surveying the above said land.

5.With the above observation, the Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, / Sub Collector, Tenkasi, Tirunelveli District.

2.The Tahsildar, Kadayanallur, Tirunelveli District.

3.The Sub Inspector of Police, Aiykudi Police Station, Tenkasi Sub Division, Tirunelveli District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 14717 +1 CC to MR.R.M.ARUN SWAMINATHAN, Advocate, SR No.14550 NBJ PSM/JC/SAR3/11.04.2017/2P/6C W.P.(MD)No.3912 of 2017 14.03.2017 https://hcservices.ecourts.gov.in/hcservices/