Madras High Court
W.Jasmine Racheal @ Malliga vs The Additional Chief Secretary To ... on 10 June, 2021
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
WP No.11853 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10-06-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.11853 of 2021
W.Jasmine Racheal @ Malliga .. Petitioner
vs.
1.The Additional Chief Secretary to Government
of Tamil Nadu,
Department of Revenue and Disaster Management,
Government of Tamil Nadu,
Fort St. George,
Chennai-600 009.
2.The Commissioner,
O/o.The Commissioner of Land Administration,
Ezhilagam,
Chepauk,
Chennai-600 005.
3.The Director General of Police,
O/o.Director General of Police (Law and Order),
Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
4.The Additional Director General of Police (Law and Order),
O/o.Director General of Police,
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WP No.11853 of 2021
No.601,Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
5.The District Collector,
O/o.The District Collectorate,
Ranipet,
Ranipet District.
6.The Superintendent of Police,
O/o.The Superintendent of Police,
Ranipet,
Ranipet District.
7.The Deputy Superintendent of Police,
O/o.The Deputy Superintendent of Police,
Arakkonam,
Ranipet District.
8.The Tahsildar,
O/o.The Arakkonam Taluk,
Arakkonam,
Arakkonam Sub Division,
Ranipet District.
9.The Head Surveyor,
Thanigaipolur Village,
Arakkonam Taluk Office,
Arakkonam,
Ranipet District.
10.The Inspector of Police,
O/o.Arakkonam Town Police Station,
Arakkonam Town,
Ranipet District.
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WP No.11853 of 2021
11.The Inspector of Police,
O/o.Arakkonam Taluk Police Station,
Arakkonam Taluk,
Ranipet District. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the eighth
and ninth respondents to consider the petitioner's representation dated
28.04.2021 to conduct Land Survey pertaining to the property 2 acres and
46-1/2 cents in S.No.314 and S.No.383/2 Thanigaipolur Village and fix
Survey Stones and demarcate the four boundaries and furnish Survey Report
to this effect and grand patta in favour of the petitioner, if necessary with
the aid of police protection force from 6th, 7th, 10th and 11th respondents at
the request of 8th and 9th respondents if made as per Section 13 of the Tamil
Nadu District Police Act, 1859.
For Petitioner : Mr.S.Pushpakaran
For Respondents : Dr.S.Suriya,
Government Advocate.
ORDER
The relief sought for in the present writ petition is to direct the the eighth and ninth respondents to consider the representation submitted by 3/8 https://www.mhc.tn.gov.in/judis/ WP No.11853 of 2021 the writ petitioner on 28.04.2021 to conduct Land Survey pertaining to the property 2 acres and 46-1/2 cents in S.No.314 and S.No.383/2 Thanigaipolur Village and fix Survey Stones and demarcate the four boundaries and furnish Survey Report to this effect and grand patta in favour of the petitioner, if necessary with the aid of police protection.
2. The nature of relief sought for in the present writ petition is not only absurd and this Court cannot conduct a roving enquiry in respect of all such disputed facts and circumstances.
3. The petitioner seeks survey of her land and further claims that she is entitled for grant of patta. In respect of title or land survey of the property, the petitioner has to approach the Competent Civil Court of Law and only on establishing her rights, the petitioner is entitled to get the relief.
However, the High Court cannot adjudicate those disputed issues with reference to the title or otherwise regarding an immovable property.
4. The petitioner claims that she is the owner of the subject 4/8 https://www.mhc.tn.gov.in/judis/ WP No.11853 of 2021 property. In such circumstances, the petitioner has to establish her right by filing documents and by producing evidences before the Competent Civil Court of Law and get her remedy by following the procedures contemplated.
5. However, the relief, as such, sought for in the present writ petition, to survey the land or to grant the other relief of police protection, cannot be considered. Thus, the writ petition is devoid of merits and the same stands dismissed. However, there shall be no order as to costs.
10-06-2021 Index : Yes/No. Internet : Yes/No. Speaking Order/Non-Speaking Order. Svn To
1.The Additional Chief Secretary to Government of Tamil Nadu, Department of Revenue and Disaster Management, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2.The Commissioner, O/o.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-600 005.
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3.The Director General of Police, O/o.Director General of Police (Law and Order), Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
4.The Additional Director General of Police (Law and Order), O/o.Director General of Police, No.601,Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
5.The District Collector, O/o.The District Collectorate, Ranipet, Ranipet District.
6.The Superintendent of Police, O/o.The Superintendent of Police, Ranipet, Ranipet District.
7.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Arakkonam, Ranipet District.
8.The Tahsildar, O/o.The Arakkonam Taluk, Arakkonam, Arakkonam Sub Division, Ranipet District.
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9.The Head Surveyor, Thanigaipolur Village, Arakkonam Taluk Office, Arakkonam, Ranipet District.
10.The Inspector of Police, O/o.Arakkonam Town Police Station, Arakkonam Town, Ranipet District.
11.The Inspector of Police, O/o.Arakkonam Taluk Police Station, Arakkonam Taluk, Ranipet District.
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