Madras High Court
Selvi vs The Tahsildar on 13 April, 2022
W.P (MD).No.6927 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.6927 of 2022
Selvi ... Petitioner
Vs.
1. The Tahsildar,
Aranthangi Taluk,
Pudukkottai District.
2. The Firka Surveyor,
Arasarkulam East Village,
Aranthangi Taluk,
Pudukkottai District.
3. The Superintendent of Police,
Pudukkottai District.
4. The Inspector of Police,
Nagudi Police Station,
Aranthangi Taluk,
Pudukkottai District.
5. Saroja ... Respondents
Prayer : This petition is filed under Article 226 of Constitution of India, to
issue a Writ of Mandamus, directing the 3rd and 4th respondents to give
protection to 2nd respondent to survey and measure western 10 cents out of
44 cents comprised in Re-Survey No.199/3 of Arasarkulam East Village,
Aranthangi Taluk, Pudukottai District belonging to the petitioner so as to put
up fence.
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1/5
W.P (MD).No.6927 of 2022
For Petitioner : Mr.N.Balakrishnan
For Respondents : Mr.R.M.Anbunithi
No.1 to 4 Additional Public Prosecutor
ORDER
This Petition has been filed to directing the 3rd and 4th respondents
to give protection to 2nd respondent to survey and measure western 10 cents
out of 44 cents comprised in Re-Survey No.199/3 of Arasarkulam East Village,
Aranthangi Taluk, Pudukottai District belonging to the petitioner so as to put
up fence.
2. The petitioner's husband owned land for admeasuring 10 cents
out of 44 cents comprised in Survey No.199/3 situated at Arasarkulam East
Village, Aranthangi Taluk, Pudukottai District. While being so, one Lakshmi
filed a suit for declaration and permanent injunction as against the petitioner's
husband in O.S.No.160 of 2000 on the file of the District Munsif Court,
Aranthangi and the same was dismissed on 28.06.2007. She filed an appeal
suit in A.S.No.3 of 2018 on the file of the Sub-Court, Aranthangi and while
pending the appeal suit the appellant namely the Lakshmi and the petitioner's
husband passed away. Therefore, the fifth respondent and her sister brought
on record as appellants and the petitioner and her sons were brought on
https://www.mhc.tn.gov.in/judis
W.P (MD).No.6927 of 2022
record as respondent Nos.2 and 3 in the appeal suit. Therefore, the appeal
suit was dismissed by the judgment and decree, dated 28.04.2018, confirming
the judgment and decree passed by the trial Court. Thereafter, no appeal has
been preferred by the fifth respondent herein.
3. The petitioner submitted her application to survey and measure
the said property and also to put boundary stone for effecting sub division
before the Revenue officials for the first respondent along with the requisite
fee. Though the first respondent engaged the second respondent to survey
the land whenever the surveyor entered the land, the fifth respondent
obstructed to survey said land. Therefore, the petitioner lodged complaint
before the fourth respondent seeking police protection while surveying the
land.
4. In view of the above submission, if any surveyor engaged by the
first respondent on the request of the petitioner to survey his land comprised
in Survey No.199/3 to an extent of 10 cents out of 44 cents, and if the
surveyor finds any difficulty or hindrance or obstruction by the fifth
respondent while surveying the petitioner's land herein, the surveyor can seek
police protection before the fourth respondent. On such request, the fourth
respondent is directed to conduct enquiry and provide adequate police
https://www.mhc.tn.gov.in/judis
W.P (MD).No.6927 of 2022
protection to the surveyor.
5. With the above direction, the writ petition stands dispose of. No
costs.
13.04.2022
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
btr/aav
To
1. The Tahsildar,
Aranthangi Taluk,
Pudukkottai District.
2. The Firka Surveyor,
Arasarkulam East Village,
Aranthangi Taluk,
Pudukkottai District.
3. The Superintendent of Police,
Pudukkottai District.
4. The Inspector of Police,
Nagudi Police Station,
Aranthangi Taluk,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
W.P (MD).No.6927 of 2022
G.K.ILANTHIRAIYAN, J.
btr/aav
W.P (MD).No.6927 of 2022
13.04.2022
https://www.mhc.tn.gov.in/judis
