Selvi .D v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN D.Selvi ... Petitioner Vs.

1.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

2.The Head Surveyor, Survey Department, Thiruppuvanam Taulk, Sivangangai District.

3.The Inspector of Police, Poovanthi Police Station, Poovanthi, Sivangangai District.

4.Ponnusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd respondent to provide adequate police protection for surveying the land situated in Survey Nos.35/3A to an extent of 0.30.0 Ares, 36/1 to an 1/4

extent of 0.03.0 Ares and 37/1 to an extent of 0.08.0 Ares at Madapuram Village, Thirupuvanam Taluk, Sivagangai District within a time frame as fixed by this Court.

For Petitioner :Mr.C.Jeya Prakash For R1 To R3 :Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This Writ Petition is filed Writ of Mandamus, directing the 3rd respondent to provide adequate police protection for surveying the land situated in Survey Nos.35/3A to an extent of 0.30.0 Ares, 36/1 to an extent of 0.03.0 Ares and 37/1 to an extent of 0.08.0 Ares at Madapuram Village, Thirupuvanam Taluk, Sivagangai District within a time frame as fixed by this Court.

2.Learned additional Public Prosecutor submitted that the fourth respondent is the neighbour of the petitioner. Over the boundary dispute, the petitioner alleged to have made steps for measuring the property. At that time, the fourth respondent alleged to have made trouble to the petitioner to measure the property. Seeking police protection, request has been made by the petitioner and the same is kept pending. 2/4

3. Let the representation be disposed of on its own merits by summoning the petitioner as well as the private respondents herein and for taking out the measurement. Let the second respondent, may undertake the survey under the provisions of the Tamil Nadu Survey and Boundaries Act by issuing summons to the petitioner and the private respondent, after making enquiry. Depending upon the outcome of the enquiry, if any trouble is created by the private respondent, the second respondent can make a representation to the third respondent seeking police protection. After completing the above said formalities only, if any necessity arises, the third respondent may provide adequate police protection for the purpose of survey. The entire process be completed within a period of one month.

4. With this direction, this Writ Petition is disposed of. No costs. 08.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

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