Saravanan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Saravanan .. Petitioner Vs.

1.The Tahsildar, Taluk Office, Pudukottai Taluk, Pudukottai District.

2.The Taluk Surveyor, Taluk Office, Pudukottai Taluk, Pudukottai District.

3.The Inspector of Police, Gandhavakottai Police Station, Pudukottai.

4.Desinghu 5.Thirupathi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to measure the lands bearing patta No.3800 situated in S.No.401

and Sub Division Nos.2A1, 2A2 and 2B at Kallukaranpatti Village, Pudukottai Taluk, Pudukottai District based on the petitioner's representation dated 18.09.2024 and consequently direct the 3rd respondent to provide police protection to the respondents 1 and 2 during the period of measurement of the above said lands within a time stipulated by this Court.

For Petitioner :

Mr.K.Rajeshwaran For R1 & R2 :

Mr.P.Thambidurai Government Advocate For R3 :

Mr.K.Gnanasekaran Government Advocate (Crl. Side)

ORDER

The petitioner has filed this writ petition for a mandamus directing respondents 1 and 2 to measure the lands bearing patta No.3800, situate in S.No.401 and Sub Division Nos.2A1, 2A2 and 2B of Kallukaranpatti Village, Pudukottai Taluk, Pudukottai District, based on the petitioner's representation dated 18.09.2024 and consequently direct the third respondent to provide police protection to respondents 1 and 2 during the period of measurement of the above said lands.

2. The petitioner would submit that the petition mentioned property was originally purchased by him and he is in absolute possession and enjoyment of the same. While so, one Desinghu and Thirupathi, who are arrayed as the fourth and fifth respondents respectively in this writ petition, caused disturbance to the enjoyment of the petitioner. Therefore, the petitioner sent a representation to the respondents on 18.09.2024 to survey his land and put up fencing by providing police protection. Since no action has been taken on the same, the petitioner is before this Court by way of this writ petition.

3. Heard the learned counsels on either side.

4. The application for survey has been filed only on 18.09.2024. By approaching this Court within a few days of filing the application, people like the petitioner are trying to jump the queue. Therefore, a direction is issued to respondents 1 and 2 to follow the seniority in applications and dispose of the same as expeditiously as possible. When

the authorities go for survey and when police protection is asked, the jurisdictional police shall provide the police protection.

5. With the above directions, this Writ Petition stands allowed. No costs.

04.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The Tahsildar, Taluk Office, Pudukottai Taluk, Pudukottai District.

2.The Taluk Surveyor, Taluk Office, Pudukottai Taluk, Pudukottai District.

3.The Inspector of Police, Gandhavakottai Police Station, Pudukottai.

P.T.ASHA, J.

abr Dated: 04.10.2024