Alagarsamy P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN W.P.(MD) No.16507 of 2023 P.Alagarsamy ... Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Ramanathapuram District.

2.The Taluk Surveyor, Survey Department, Tahsildar Office, Ramannathapuram.

3.The Inspector of Police, B1, Bazaar Police Station, Ramanathapuram District.

..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus to direct the third respondent to award adequate police protection for surveying the property in Survey No.263/7A to an extent of 0.1400 ares, Kavarankulam Village, Thoruvalur Group, Ramanathapuram Taluk and District in the light of the steps being taken by the first respondent through his official communication dated 07.04.2023 and on the strength of the petitioner's representation dated 25.06.2023.

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For Petitioner : Mr.R.Anand For Respondents : Mr.B.Thanga Aravindh Government Advocate Crl.Side) O RDER This Writ Petition is filed seeking for a direction to the police to give adequate police protection to the Tahsildar in response to the letter of the Tahsildar for conducting survey.

2. It is submitted by the learned counsel for the petitioner that he has requested the revenue authorities for conducting the survey in the land belonging to him in Survey No.263/7A situated in Kavarankulam Village, Thoruvalur Group, Ramanathapuram Taluk and District. When the survey was being taken up on 23.06.2023, the neighbors of the land of the petitioners have raised hue and cry and raised objections, thereby the survey could not be taken up by the revenue authorities. Consequently, the Tahsildar has addressed a letter to the respondent police dated 07.04.2023, informing that when they have taken up the survey on 23.06.2023, in respect of the land, belonging to the petitioner at the request of the petitioner in Survey No.263/7A, the neighboring land holders raised objections and thereby sought for police protection. 2/5

It is submitted by the learned counsel for the petitioner that inspite of the said letter, the police are not giving any police protection as sought for by the revenue authorities.

3. The learned Government Advocate(Crl.side) on the other hand submits that subsequent to the letter dated 07.04.2023 of the Tahsildar, the police have went to the spot for providing police protection. As there were objections raised by the neighboring land holders, the Tahsildar has advised the petitioner to approach the civil Court in respect of the title of the land where the survey was proposed and also survey the land.

4. So far as the submissions made by the learned Government Advocate (Crl.side), there is no record. The issue as to whether the petitioner is the owner or whether the other neighboring land holders have got any claim over the properties, allegedly belonging to the petitioner, are the questions which will be decided by a competent forum / Court, in case, if any issue comes before them. However, so far as the present issue of providing protection to survey the land as required by the Tahsildar in his letter dated 07.04.2023 is concerned, the police are hereby directed to provide sufficient suitable protection to the revenue authorities as required by the Tahsildar for conducting the 3/5

survey. The petitioner are required to address a letter to the Tahsildar expressing that they will provide police protection on a given date.

5. This Writ Petition is disposed of. No costs. 10.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No pnn To 1.The Tahsildar, Tahsildar Office, Ramanathapuram District. 2.The Taluk Surveyor, Survey Department, Tahsildar Office, Ramannathapuram.

3.The Inspector of Police, B1, Bazaar Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

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