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Madras High CourtWP(MD)/17566/2023disposed of

Mathiyalagan.C v. The Tahsildar

2024-01-23Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.17566 of 2023 and W.M.P.(MD).No.14663 of 2023 C.Mathiyalagan ... Petitioner vs.

1.The Tahsildar, Office of Taluk Office, Thiruppathoor, Sivagangai District.

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

3.The Inspector of Police, Thiruppathoor Police Station, Sivagangai District.

4.M.Thavamani 5.Shanmugavalli ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent No.1 1/5

to survey and measure the petitioner's property comprised in Survey No. 25/275 measuring an extent of 0.00.50 cents situated at Thenmappatu, Sivagangai and consequently 2nd and 3rd respondents herein to provide adequate police protection to property, on the basis of the petitioner's representation dated 08.07.2023 within the time stipulated by this Court. For Petitioner : Mr.J.Vishnu For R1 : Mr.D.Gandhi Raj Special Government Pleader For R2 and R3 : Mrs.M.Aasha Government Advocate (Crl.side)

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to survey and measure the petitioner's property comprised in Survey No. 25/275 measuring an extent of 0.00.50 cents situated at Thenmappatu, Sivagangai and consequently directing the respondents 2 and 3 to provide adequate police protection to the property, on the basis of the petitioner's representation dated 08.07.2023.

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2. When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the first respondent would submit that already date is fixed on 26.07.2023, for measuring the petitioner's property, but they could not measure it as the petitioner was not in station and he undergone surgery.

3. Considering the above said submissions, this Court directs the first respondent to survey and measure the petitioner's property comprised in Survey No.25/275 measuring an extent of 0.00.50 cents situated at Thenmappatu, Sivagangai on 16.02.2024, with the police protection if necessary, by considering the petitioner's representation dated 08.07.2023, after affording reasonable opportunity to all the parties concerned. It is made clear that the petitioner shall bare the expenses of the police protection.

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4. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 23.01.2024 akv To 1.The Tahsildar, Office of Taluk Office, Thiruppathoor, Sivagangai District.

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

3.The Inspector of Police, Thiruppathoor Police Station, Sivagangai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.17566 of 2023 23.01.2024 5/5