Lakshmi Narasimhan V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Lakshmi Narasimhan ... Petitioner vs.

1.The District Collector, Karur 639 007.

2.The Superintendent of Police, Office of the Superintendent of Police, 3.The District Revenue Officer, Karur 639 007.

4.The Revenue Divisional Officer, Old Collector Office Campus, 5.The Tahsildar, Kadavur Taluk, 1/6

6.The Inspector of Police, Palaviduthi Police Station, 7.The Head Surveyor, Kadavur Thaluk, 8.The Village Administrative Officer, Sembiyanatham Village, Mollapatty, Kadavur Thaluk, 9.R.Selvam 10.R.Muthusamy 11.Vellikannu Pitchai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 5th Respondent to instruct the 7th Respondent to survey and demarcate petitioner land bearing survey No.1035/1 to an extent of 2.25 acres and also to direct the 2nd Respondent to instruct the 6th Respondent to provide sufficient police protection at the time of surveying the land based on the representations dated 28.08.2021 and 12.10.2021 submitted to the Respondents within the time frame that may be fixed by this Court. For Petitioner :Mr.J.Sathiaraj For R1 to R8 :Mr.K.S.Selvaganesan Additional Government Pleader 2/6

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the seventh respondent to survey and demarcate the subject property and to direct the sixth respondent to provide police protection during the survey by considering the representations made by the petitioner on 28.08.2021 and on 21.10.2021 in this regard. 2.Heard Mr.J.Sathiaraj, learned Counsel appearing on behalf of the petitioner and Mr.K.S.Selva Ganesan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 8. 3.The specific case of the petitioner is that he is the absolute owner of the subject property by virtue of a sale deed dated 13.11.2019 and according to the petitioner, patta was also transferred in his name in Patta No.3483. The petitioner wanted to survey and demarcate the property and hence, submitted an application/representation before the fifth respondent in this regard. When steps were taken to survey the property, a ruckus was created by the respondents 9 to 11 and as a result, no survey was conducted. The representation made by the petitioner also did not 3/6

yield any result. Hence, the present Writ Petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the first respondent to deal with the representations made by the petitioner on 28.08.2021 and 12.10.2021. The fifth respondent shall take into consideration the title documents produced by the petitioner and the patta granted in favour of the petitioner and survey shall be conducted in line with the same. If any law and order problem is created, the sixth respondent is directed to give necessary police protection. This process shall be completed by the fifth respondent within a period of six weeks from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of with the above directions. No costs.

Index :Yes / No 15.11.2023 Internet :Yes / No NCC :Yes / No cmr 4/6

To 1.The District Collector, Karur 639 007.

2.The Superintendent of Police, Office of the Superintendent of Police, Karur District, Karur.

3.The District Revenue Officer, Karur 639 007.

4.The Revenue Divisional Officer, Old Collector Office Campus, Karur District, Karur.

5.The Tahsildar, Kadavur Taluk, Karur District, Karur.

6.The Inspector of Police, Palaviduthi Police Station, Karur District, Karur.

7.The Head Surveyor, Kadavur Thaluk, 8.The Village Administrative Officer, Sembiyanatham Village, Mollapatty, Kadavur Thaluk, 5/6

N.ANAND VENKATESH, J.

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