W.P.No.17095 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2022
CORAM
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.17095 of 2022
P.C.Dhandapani ... Petitioner
Vs.
1. The Superintendent of Police,
Tiruvarur District,
Tiruvarur.
2. The Inspector of Police,
Thiruthuraipoondi Police Station,
Tiruvarur District.
3. The Thasildar,
Taluk Office,
Tiruthuraipoondi Taluk,
Tiruvarur District.
4. The Surveyor,
Taluk Office,
Tiruthuraipoondi Taluk,
Tiruvarur District.
5. Gunasekari
6. Sivasagar ... Respondents
Page 1 of 6
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W.P.No.17095 of 2022
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents
1 and 2 to give adequate police protection to the petitioner, the third and
fourth respondents while conducting the survey the land comprised in Old
Survey No.178/3, New Survey No.178/1, T.S.No.6, Block No.1, Ward 'C'
of Tiruthuraipoondi Village, Tiruthuraipoondi Taluk, Tiruvarur District
measuring about 1454 sq.ft = 135.08 sq.ft situated at Sannadhi Street,
Tiruthuraipoondi Town within a time frame that may be fixed by this
Hon'ble Court.
For Petitioner : Mr.R.Sankarasubbu
For R1 to R4 : Mr.E.Raj Thilak
Additional Public Prosecutor
For R5 : Mr.M.Palanivel
For R6 : Mr.S.Sankar
ORDER
This petition has been filed for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to give adequate police protection to the petitioner, the third and fourth respondents while conducting the survey the land comprised in Old Survey No.178/3, New Survey No.178/1, T.S.No.6, Block No.1, Ward 'C' of Tiruthuraipoondi Village, Tiruthuraipoondi Taluk, Tiruvarur District measuring about 1454 sq.ft = 135.08 sq.ft situated at Sannadhi Street, Tiruthuraipoondi Town within a time frame that may be fixed by this Hon'ble Court. Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.17095 of 2022
2. Heard both sides.
3. The piece and parcel of the land comprised in Old Survey No.178/3, New Survey No.178/1, T.S.No.6, Block No.1, Ward 'C' Tiruthuraipoondi Village, Tiruthuraipoondi Taluk, Tiruvarur District measuring about 1454 sq.ft = 135.08 sq.ft situated at Sannadhi Street, Tiruthuraipoondi Town purchased the same from one S.Chandramouli under a registered sale deed dated 02.11.2011 vide Document No.2766 of 2011. Thereafter, the petitioner had put up a construction and enjoying the same. While being so, the fifth respondent, who is being the sister of the petitioner's vendor the said S.Chandramouli, filed a suit in O.S.No.97 of 2011 on the file of the District Munsif Court, Tiruthuraipoondi and the same was dismissed by the Judgment and Decree dated 07.10.2016. Aggrieved by the same, she preferred an appeal in A.S.No.55 of 2016 and it is pending on the file of the Sub Court, Mannargudi. She is claiming that suppressing the Will executed by her father, her brother who is the petitioner herein, executed a sale deed in favour of him. Thereafter, the Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.17095 of 2022 fifth respondent also challenged the execution of sale deed in favour of the petitioner before the District Registrar. However, it was dismissed and aggrieved by the same, she preferred an appeal before the Additional Inspector General of Registration, Thanjavur and it is pending. Pending the appeals, the petitioner now seeks to survey the subject property. On receipt of the application, the revenue authorities also engaged a surveyor to survey the property and sought for Police Protection while surveying the land.
4. While pending those appeals, the survey cannot be done and as such the revenue authorities can very well seek police protection to survey the subject property, subject to the results of the appeals in A.S.No.55 of 2016, on the file of the Sub Court, Mannargudi and the appeal before the Additional Inspector General of Registration, Thanjavur. Thereafter, if any such request is made by the petitioner, the second respondent is directed to consider the same and pass appropriate order to provide police protection to the petitioner while surveying the subject land.
5. With the above directions, this Writ Petition is disposed of. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.17095 of 2022 No costs.
12.09.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
mn/gd
Note: Issue order copy on 13.09.2022 To
1. The Superintendent of Police, Tiruvarur District, Tiruvarur.
2. The Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District.
3. The Thasildar, Taluk Office, Tiruthuraipoondi Taluk, Tiruvarur District.
4. The Surveyor, Taluk Office, Tiruthuraipoondi Taluk, Tiruvarur District.
5. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
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