Madras High CourtWP(MD)/21178/2017disposed of

Hajrath Khaja Syed Sulthan v. The District Revenue Officer

2020-12-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN and W.M.P.(MD) No.13036 of 2019 Hajrath Khaja Syed Sulthan Allavudeen Ayuliya Durgah and Masjith, Rep. by its Manager, Goripalayam, Madurai 625 002 : Petitioner Vs.

1. The District Revenue Officer, Madurai (North),

2. The Revenue Divisional Officer, Madurai (North),

3. The Tahsildar, Madurai (North),

4. The Taluk Surveyor, Madurai (North),

5. The Assistant Commissioner of Police, Tallakulam, Madurai.

6. The Inspector of Police, Tallakulam Police Station, Madurai District :Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 5 and 6 to grant police protection to the respondents 3 and 4 to survey the property of the petitioner Durgah situated in Survey No.79/3 and 79/4 (Old Survey No.79/8) Thiruppalai Village, Madurai District.

For Petitioner : Mr.M.Kannan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed seeking direction to the respondents 5 and 6 to grant police protection to the respondents 3

and 4 to survey the property of the petitioner Durgah situated in Survey No.79/3 and 79/4 (Old Survey No.79/8) Thiruppalai Village, 2.The petitioner seeks police protection to the respondents 3 and 4 to survey the property of the petitioner Durgah situated in Survey No.79/3 and 79/4 (Old Survey No.79/8) Thiruppalai Village, Madurai District. Now, almost three years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file a fresh complaint, on fresh cause of action, if so advised. On receipt of the same, the sixth respondent is directed to conduct detail enquiry after issuance of notice to the counter parties and pass orders on merits in accordance with law. 3.With the above observations, this writ petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) vsg Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.