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Madras High CourtWP(MD)/16343/2022disposed of

Sankaralingam.M v. The Superintendent Of Police

2022-07-26Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P(MD).No.16343 of 2022 M.Sankaralingam : Petitioner Vs

1. The Superintendent of Police, Tenkasi District.

2. The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

3. The Sub-Inspector of Police, Chinnakovilankulam Police Station, Tenkasi 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 respondents 1 and 2 to award adequate police protection while surveying, demarcating and recording the boundaries of the property in Survey No. 408/5B, 5D, Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District by the revenue 1/5

officials on the basis of the petitioner's representation, dated 29.12.2021 and in the light of the undertaking given by the third respondent vide his report dated 06.05.2022.

For Petitioner : M/s.Anand.R, For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This writ petition has been filed in the nature of Mandamus, seeking a direction to the respondents 1 and 2 to award adequate police protection while surveying, demarcating and recording the boundaries of the property in Survey No. 408/5B, 5D, Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District, by the revenue officials, on the basis of the petitioner's representation, dated 29.12.2021 and in the light of the undertaking given by the third respondent vide his report dated 06.05.2022. 2.The learned Counsel appearing for the petitioner submitted that the petitioner is the owner of the property in Survey No. 408/5B, 5D, Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District. One 2/5

Muthupandi and his sons interfered with the petitioner's possession and causing trouble. Therefore, the petitioner decided to fix boundaries and survey the said land through Revenue Officials. Hence, the petitioner gave a petition to the District Collector, Tenkasi, seeking to survey his land and also he paid necessary payment for surveying the land. On 28.01.2022, the Revenue Officials attempted to survey the said land, but the said Muthupandi and his sons prevented them to do so. Again, the revenue officials fixed a date i.e., 12.07.2022, to survey the said land, but the respondent police not came forward to give police protection. Hence this petition has been filed. 3.The learned Government Advocate (Crl.Side) submitted that on 06.05.

2022, the Sub Inspector of Police intimated the petitioner that they are ready to provide police protection at the time of surveying the said land. Inspite of that the petitioner filed this petition. 4.Recording the same, the second respondent police is directed to provide police protection to the surveyor and revenue officials while surveying the land in S.No.408/5B, 5D, Kurukkalpatti Village, Sankarankovil Taluk, Tenkasi District.

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

26.07.2022 Index : Yes / No Internet : Yes/ No lr 4/5

V.SIVAGNANAM, J.

lr To

1. The Superintendent of Police, Tenkasi District.

2. The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

3. The Sub-Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

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

W.P(MD).No.16343 of 2022 26.07.2022 5/5