Madras High CourtWP(MD)/23611/2016disposed of

Rakkammal v. The Superintendent Of Police

2016-12-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD).No.23611 of 2016 Rakkammal .. Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.State rep. By The Inspector of Police, Vattrayuruppu Police Station, Virudhunagar District. .. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 30.11.2016 and to provide adequate protection for surveying of her land and fixing the boundary stones proceed with the same as per law within the time frame fixed by this Court. For Petitioner : Mr.R.Venkatesan For R-1 & R-2 : Mr.K.P.Krishnadoss, Government Advocate

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 30.11.2016 and to provide adequate protection while surveying her land and fixing the boundary stones.

2. Mr.R.Venkatesan, learned counsel appearing for the petitioner would submit that one Jeyakumar is the neighbour of the petitioner and due to boundary dispute, the petitioner preferred a complaint to the second respondent police on 12.02.2015. Since no action was taken by the second respondent police, the petitioner filed Crl.O.P(MD)No.8716 of 2015 for a direction to https://hcservices.ecourts.gov.in/hcservices/

take action based on the complaint given by the petitioner. This Court on 30.04.2015, disposed of the said petition with a direction to complete the enquiry, within a period of four weeks. Pursuant to the direction given by this Court, the second respondent conducted enquiry and made arrangements to survey of the land of the petitioner as well as her neighbour Jeyakumar. Therefore, as per the advise of the second respondent, the petitioner has remitted necessary fees to survey the land. Now, the representation was given to the respondents police to provide police protection at the time of surveying the land.

3. The learned Government Advocate on instructions would submit that the petitioner has made arrangements to survey the land in dispute as per the advise of the second respondent and during survey of the land, they are ready to provide police protection, if the petitioner gives prior intimation about survey of her land.

4. In view of the same, the petitioner is directed to give prior intimation to the second respondent about survey of the land and on such prior intimation, the second respondent is directed to give police protection while surveying the land and fixing the boundary stones.

With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Vattrayuruppu Police Station, Virudhunagar District. +1 cc to M/s.R.Venkatesan, Advocate in SR.No.78787 +1 cc to The Special Government Pleader in SR.No.78953 pm CSL/KM/SAR-III: 2P/5C Crl.O.P(MD)No.23611 of 2016 02.12.2016 https://hcservices.ecourts.gov.in/hcservices/