S.Subburaj, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.20804 of 2016 S.Subbaraj ... Petitioner Vs.
1.The State of Tamil Nadu, represented by The District Collector, Virudhunagar District, Virudhunagar.
2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Tahsildar, Office of the Tahsildar, Kariyapatti Taluk, Virudhunagar District.
4.The Firka Surveyor, Kariyapatti Firka, Kariyapatti Taluk, Virudhunagar District.
5.The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.
6.K.Sonai ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents No.3 and 4 to survey the petitioners land comprised in survey No.2/10 situating at Kattukuthakai Karisalkulam Village Kariyapatti Takuk Virudhuangar District and consequently directing the respondent 2 and 5 to provide adequate police protection at the time of surveying the land within the time stipulated by this Court.
For Petitioner : Mr.S.Malaikani For Respondents 1-5 : Mr.V.Muruganandam, Additional Government Pleader.
ORDER
This writ petition has been filed seeking for a direction to the respondents 3 and 4 to survey the petitioner's land comprised in Survey No.2/10 situated at Kattukuthakai Karisalkulam Village, Kariyapatti Taluk, Virudhuangar District and consequently to direct the respondents 2 and 5 to provide adequate police protection at the time of surveying the land. 2.Heard Mr.S.Malaikani, learned counsel appearing for the petitioner. Mr.V.Muruganandam, learned Additional Government Pleader takes notice on behalf of the respondents 1 to 5. Since this Court is not going to pass any adverse order against the sixth respondent, notice to the sixth respondent is dispensed with. By consent, the writ petition itself is taken up for final disposal at the stage of admission.
3.According to the petitioner, the petitioner has filed an application before the respondents on 16.03.2016 to survey his land and demarcate the boundaries and he has also paid necessary fees for the same. It is further submitted that since the sixth respondent is threatened the petitioner not to survey the land, the petitioner also sought for police protection for surveying his land.
4.In the above circumstances, the respondents 3 and 4 are directed to survey the land of the petitioner after issuing notice to the petitioner as well as to the 6th respondent, with reference to the revenue records and the petitioner's title deeds. If, any disturbance is caused by the sixth respondent in surveying the land, the respondents 3 and 4 are also directed to seek protection from the fifth respondent police.
5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar
To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Tahsildar, Office of the Tahsildar, Kariyapatti Taluk, Virudhunagar District.
4.The Firka Surveyor, Kariyapatti Firka, Kariyapatti Taluk, Virudhunagar District.
5.The Inspector of Police, Kariyapatti Police Station, Virudhunagar District.
+1 cc to MR.S.MALAIKANI, Advocate SR.No.63845 +1 cc to Special Government Pleader SR.No.64938 Writ Petition (MD) No.20804 of 2016 26.10.2016 SMA/CK/18.11.2016:3P/8C