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Madras High CourtWP(MD)/25291/2018disposed of

S.Sankara Subbu Thevar, v. The Superintendent Of Police

2019-09-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.25291 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.25291 of 2018 S.Sankara Subbu Thevar ... Petitioner Vs.

1.The superintendent of police Tirunelveli District, Tirunelveli.

2.The Inspector of Police Tirunelveli Taluk Police Station Tirunelveli District.

3.The Tahsildar Palayamkottai Taluk, Tirunelveli District.

4.The Surveyor Palayamkottai Taluk office, Tirunelveli District.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd & 4th respondents to survey the petitioner's land bearing Survey No. 105/43 to an extent of 1.02 Ares situating in Vaigaikulam Village, Palayamkottai Taluk, Tirunelveli District and to fix its boundaries as per the revenue records by obtaining adequate police protection from the 2nd respondent police by considering the petitioner's representations dated 03.10.2018 & 19.11.2018 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

The prayer sought for in the present writ petition is to direct the the 3rd & 4th respondents to survey the petitioner's land bearing Survey No. 105/43 to an extent of 1.02 Ares situating in Vaigaikulam Village, Palayamkottai Taluk, Tirunelveli District and to fix its boundaries as per the revenue records by obtaining adequate police protection from the 2nd respondent police by considering the petitioner's representations dated 03.10.2018 & 19.11.2018.

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W.P.(MD)No.25291 of 2018 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 3.Considering the above fact and circumstances of the case, the fourth respondent/Surveyor is directed to conduct survey, on the representations given by the petitioner, dated 03.10.2018 & 19.11.2018, after issuing notice to all the rival parties. If any hindrance is made out, the fourth respondent/Surveyor is directed to call adequate police protection from the respondent police. On receipt of the same, the respondent police shall consider the request on merits and in accordance with law. 4.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar Ls To 1.The superintendent of police Tirunelveli District, Tirunelveli.

2.The Inspector of Police Tirunelveli Taluk Police Station Tirunelveli District.

3.The Tahsildar Palayamkottai Taluk, Tirunelveli District.

4.The Surveyor Palayamkottai Taluk office, Tirunelveli District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-89294[F] dated 25/09/2019 ) W.P.(MD)No.25291 of 2018 24.09.2019 JM/15.10.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2