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Madras High CourtWP(MD)/5082/2016disposed of

N. Amutha, W/O. Nadarajan v. The Tahsildhar,

2017-01-10Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRA BAABU W.P(MD)No.5082 of 2016 N.Amutha .. Petitioner vs.

1. The Tahsildar, Thiruchirapalli East Taluk, Thiruchirapalli.

2. The District Collector, Thiruchirapalli District, Thiruchirapalli.

3. The Inspector of Police, Ariyamangalam, Thanjavur Main Road, Thiruchirapalli.

4. K.Valarmathi ... Respondents (R4 is impleaded vide court order dated 10.01.2017 in W.M.P.(MD) No.6097 of 2016) PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus directing the 3rd respondent to give protection to the petitioner and the officials of the 1st respondent to measure the land of the petitioner in old survey No.209/2A, Ariyamangalam Village, Trichy East Taluk now Tiruchirapalli Corporation, Survey Ward S, Block No.62, T.S.No.24/2 within a time to be stipulated by this Honourable Court.

For Petitioner : Mr. M.SenthilKumar For R1 to R3 : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

The petitioner seeks police protection to measure the land of the petitioner in old survey No.209/2A, Ariyamangalam Village, Trichy East Taluk now Tiruchirapalli Corporation, Survey Ward S, Block No.62, T.S.No.24/2 within a time to be stipulated by this Court.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials placed before this Court.

3. It is seen that the petitioner has already made a request through his representations dated 21.01.2016 and 04.02.2016. It is further seen that the impleaded fourth respondent is making some objection against such survey.

4. Needless to say that it is for the first respondent to consider the request of the petitioner and pass orders on the same on merits and in accordance with law after giving due opportunity of hearing to the petitioner and the fourth respondent herein. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of copy of this order. It is made clear that this Court is not expressing any view on the claim made by the petitioner seeking for survey of the land as it is for the first respondent to consider and decide on merits and in accordance with law as stated supra.

Sd/ Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To,

1. The Tahsildar, Thiruchirapalli East Taluk, Thiruchirapalli.

2. The District Collector, Thiruchirapalli District, Thiruchirapalli.

3. The Inspector of Police, Ariyamangalam,Thanjavur Main Road, Thiruchirapalli +1CC to M/S.RR.Kannan, Advocate, SR.No. 2210 +1CC to the Special Government Pleader, SR.No. 2172 W.P(MD)No.5082 of 2016 10.01.2017 CM AM/MPA SK/25.01.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/