Rajesh Kannan P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.22197 of 2021 P.Rajesh Kannan ... Petitioner vs.

1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Taluk Surveyor, Taluk Office, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Vikkiramangalam Police Station, Madurai District.

4.A.Mani 5.M.Rukmani 6.M.Murugan ... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioner's properties comprised in Survey Nos.149/2A and 149/2C, to an extent of 0.87.0 Hectares, situated at Reddiyapatti Village, Usilampatti Taluk, Madurai District and consequently direct the 3rd respondent to provide adequate Police Protection at the time of survey and demarcate, by considering the petitioner's representation dated 23.11.2021, submitted to the respondents within the time frame that may be fixed by this Court. For Petitioner : Mr.K.Ramanathan For R1 & R2 : Mr.D.Sadiq Raja Additional Government Pleader For R3 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R4 to R6 : Mr.S.Pandiyaraj

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioner's properties comprised in Survey Nos.149/2A and 149/2C, to an extent of 0.87.0 Hectares, situated at Reddiyapatti Village, 2/5

Usilampatti Taluk, Madurai District and consequently direct the 3rd respondent to provide adequate Police Protection at the time of survey and demarcate, by considering the petitioner's representation dated 23.11.2021, submitted to the respondents.

2. The learned Government Advocate (Crl.side) appearing for the third respondent would submit that already dispute arose regarding measurement and CSR.No.284 of 2022 has been issued on 18.10.2022.

3. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the matter is pending before the Revenue Divisional Officer regarding issuance of Patta.

4. Considering the above facts, this Court is of the view that the respondents 1 and 2 cannot survey the petitioner's land at this juncture as the enquiry is pending and the same can be considered at a later point of time. After the enquiry is over, the petitioner is at liberty to approach the authorities concerned.

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4. With the above observation, this Writ Petition is disposed of. No costs.

21.11.2022 akv To 1.The Tahsildar, Usilampatti Taluk, Madurai District.

2.The Taluk Surveyor, Taluk Office, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Vikkiramangalam Police Station, Madurai District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P.(MD)No.22197 of 2021 17.11.2022 5/5