Pappayee @ Periyammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.23136 of 2022 Pappayee @ Periyammal ... Petitioner vs.

1.The District Collector, Karur District, Karur.

2.The Thasildar, Manmangalam Taluk, Manmangalam, Karur District.

3.The Taluk Surveyor, Manmangalam Taluk, Manmangalam, Karur District.

4.The Executive Officer, Sri Kalyana Pasupathi Eswarar Temple, Karur, Karur District.

5.The Inspector of Police, Vangal Police Station, Vangal, Karur District.

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6.S.Manikandan 7.N.S.Ganesan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to survey the land belongs to the petitioner in S.F.No.535/5, to an extent of 0.91.0 hectares, situated at Kuppuchipalayam Village, Manmangalam Taluk, Karur District and consequently direct the fourth respondent to provide adequate police protection at the time of conducting survey by the respondents 2 and 3, on the basis of the representations of the petitioner, dated 13.08.2022 within a stipulated time fixed by this Court.

For Petitioner : Mr.S.Gokul Raj For R1 to R3 : Mr.D.Gandhiraj Special Government Pleader For R4 : Mr.P.Athimoola Pandian For R5 : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to survey the land belongs to the petitioner in S.F.No.535/5, to an extent of 0.91.0 hectares, situated 2/6

at Kuppuchipalayam Village, Manmangalam Taluk, Karur District and consequently direct the fourth respondent to provide adequate police protection at the time of conducting survey, by the respondents 2 and 3, on the basis of the representation of the petitioner, dated 13.08.2022.

2. The case of the petitioner is that the petitioner and her daughter viz., Saraswathi owned the property in S.F.No.535/5 to an extent of 0.91.0 hectares situated at Kuppuchipalayam Village, Manmangalam Taluk, Karur District. On 04.08.2022, she has paid a sum of Rs.400/- fees for survey the land. But the third respondent has not come forward to survey the same. Hence, on 13.08.2022, she had sent a detailed representation to the respondents 1 to 5, requesting them to survey the and in S.F.No.535/5. However, there is no response on the part of the official respondents. Therefore, the petitioner has filed the present writ petition.

3. Heard the learned counsel for the petitioner, learned Special Government Pleader appearing for the respondents 1 to 3, learned 3/6

counsel appearing for the fourth respondent and the learned Government Advocate (Crl.side) appearing for the fifth respondent.

4. Considering the above facts, this Court directs the respondents 2 and 3 to survey the land belongs to the petitioner in S.F.No.535/5, to an extent of 0.91.0 hectares, situated at Kuppuchipalayam Village, Manmangalam Taluk, Karur District, within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the parties concerned. If the petitioner seeks police protection, the same will be given by the fifth respondent, on payment of necessary charges, if necessary.

5. With the above directions, this Writ Petition is disposed of. No costs.

29.11.2022 Index:Yes/No Internet:Yes/No akv 4/6

To 1.The District Collector, Karur District, Karur.

2.The Thasildar, Manmangalam Taluk, Manmangalam, Karur District.

3.The Taluk Surveyor, Manmangalam Taluk, Manmangalam, Karur District.

4.The Executive Officer, Sri Kalyana Pasupathi Eswarar Temple, Karur, Karur District.

5.The Inspector of Police, Vangal Police Station, Vangal, Karur District.

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V.BHAVANI SUBBAROYAN,J.

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