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Madras High CourtWP(MD)/17764/2024disposed of

S.Pari v. The Tahsildar

2024-07-31Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2024 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI S.Pari ... Petitioner Vs

1. The Tahsildar, Ramnagar, Devakottai Taluk, Sivagangai District.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Sub-Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.2 and 3 to provide police protection for carry out the survey of land in Survey Nos.363/1, 363/2A, 364/6 for an extent of 6-11.25 hectares situated at Meyyappanenthal Village, Thidakottai Group, Devakottai Taluk, Sivagangai District by considering the representation of the petitioner dated 26.06.2024. 1/5

For Petitioner : Mr.J.Anandkumar, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents to provide police protection to carry out the survey of land in Survey Nos.363/1, 363/2A, 364/6 for an extent of 6-11.25 hectares situated at Meyyappanenthal Village, Thidakottai Group, Devakottai Taluk, Sivagangai District by considering the representation of the petitioner dated 26.06.2024.

2. This Court, in the earlier round, in W.P.(MD)No.18917 of 2023 by order dated 04.08.2023, closed the writ petition by recording the submission of the learned Government Advocate that the applications are considered on seniority basis and that the petitioner's application would be considered within a period of eight weeks.

3. The petitioner claims that based on the earlier order passed by this Court, he has approached the Survey Department. However, the Survey Department expressed certain difficulties in conducting the 2/5

survey and suggested the petitioner to sought for police protection. Therefore, the petitioner has filed this present petition seeking police protection for conducting the survey as directed by this Court by order dated 04.08.2023.

4. In the event, if the Survey Department has not considered the application of the petitioner, then the petitioner is having a remedy by filing a contempt petition. In the event, if the Survey Department has approached the police seeking protection, then necessary police protection has to be provided by the jurisdictional police for conducting the survey.

5. In view of the above, this Writ Petition is disposed of with a direction to the respondent police to give police protection, if the survey department sought for any protection for conducting the survey. No costs.

31.07.2024 Internet :Yes Index :Yes/No NCC :Yes/No jbr 3/5

To

1. The Tahsildar, Ramnagar, Devakottai Taluk, Sivagangai District.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Sub-Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

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

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B.PUGALENDHI , J.

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