Madras High CourtWP(MD)/17637/2021disposed of

Vanitha v. The Tahsildar

2021-09-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No.17637 of 2021 Vanitha ... Petitioner Vs.

1. The Tahsildar, Tahsildar Office, Usilampatti Taluk, Madurai District.

2. The Surveyor, Usilampatti Taluk, Madurai District.

3. The Inspector of Police, Chekkanurani Police Station, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ, order or direction or any other writ in the nature of Writ of Mandamus directing the 3rd respondent to give adequate police protection for surveying the petitioner's land situated in Survey No.20/6, 20/7A1 and 20/7B1, Pullaneri Village, Usilampatti Taluk, Madurai District based on the 1st respondent's letter in FL.322/212/S on 27.07.2021 within a stipulated time as fixed by this Court.

For Petitioner : Mr.S.Shanmugam For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the third respondent to give police protection for surveying the petitioner's land situated in Survey No.20/6, 20/7A1 and 20/7B1, Pullaneri Village, Usilampatti Taluk, Madurai District based on the first respondent's letter in FL.322/212/S, on 27.07.2021, within a stipulated time as fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. The grievance of the petitioner is that when he propose to 1/3

surveying the land, which belongs to him, trouble has been raised by the adjacent land owner. So, on that ground, he made a representation to the third respondent apprehending the trouble. The Tahsildar, Usilampatti, has also given a letter to the Sub Inspector of Police, Chekkanurani, to provide police protection for the purpose of measuring the property. Since already there is a letter by the Tahsildar, Usilampatti, the police have not been taken steps.

4. There shall be a direction to the second respondent herein, to conduct the survey, after conducting enquiry under Section 10 of the Tamil Nadu Survey and Boundaries Act, by summoning the petitioner and the adjacent land owners before measuring the property and depending upon the enquiry that has been made if any trouble is caused or apprehended, he is at liberty to file proper petition to the third respondent seeking police protection. After receiving the same, the third respondent shall consider the same and pass appropriate orders.

5. The above said exercise shall be undertaken within a period of one month from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls To

1. The Tahsildar, Tahsildar Office, Usilampatti Taluk.

Madurai District.

2. The Surveyor, Usilampatti Taluk, Madurai District.

3. The Inspector of Police, Chekkanurani Police Station, Madurai District.

2/3

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

W.P.(MD) No.17637 of 2021 29.09.2021 SRR(CO) SB(21.10.2021) 3P 5C 3/3