In a writ petition seeking police protection for a land survey, the court held that the matter involves a title dispute. The writ court cannot pass orders on title; the petitioner is directed to approach the competent civil court.
Direction to approach the competent civil court to workout the remedy. No costs.
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WP(MD)No28407 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD) No.28407 of 2023
P.Palanivel
... Petitioner
/vs./
3.P.Muthulakshmi
... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to provide police protection at the time of conduct survey in the petitioner's land in Survey No. 314/1, which is situated at Athirampatti Village, Thirukolakgudi group, Thirupathur Taluk, Sivagangai district on the basis of the petitioner's representation dated 30.08.2023.
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WP(MD)No28407 of 2023
For Petitioner : Mr.M.Saravana Kumar For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
This Writ Petition is filed to direct the Respondents 1 and 2 to provide police protection at the time of conducting survey in the Petitioner's land in S.No. 314/1 situated at Athirampatti Village, Thirukolakgudi group, Thirupathur Taluk, Sivagangai District on the basis of the Petitioner's representation dated 30.08.2023.
2.The learned counsel for the Petitioner seeks police protection to measure the property. As per his submission, the Petitioner had filed a petition before the Authorities concerned and when they came to measure the property, the third Respondent objected for the same. Therefore, he seeks police protection.
3.The learned Additional Public Prosecutor submitted that the subject matter of the Writ Petition relates to Tamil Nadu Survey and Boundaries Act, 1923.
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WP(MD)No28407 of 2023
4.Since the subject matter involves dispute regarding boundaries, the submission of the learned counsel for the Petitioner that only a Writ Petition is maintainable cannot be accepted. Since the third Respondent had disputed the title to the Petitioner, the Petitioner has to get the relief from the competent civil Court. The Writ Court cannot pass orders regarding title to the property. By way of filing this Writ Petition, the Petitioner had approached this Court by converting the civil dispute as criminal case. Therefore, the Writ Petition is disposed of with a direction to the Writ Petitioner to approach the competent civil Court to workout his remedy. No costs.
03.01.2024
Index : Yes / No Internet : Yes / No mm
TO:
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WP(MD)No28407 of 2023
SATHI KUMAR SUKUMARA KURUP, J.
mm
Order made in W.P.(MD)No.28407 of 2023
Dated: 03.01.2024
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2 issues framed by the court
Whether the writ court can provide police protection for a survey in dispute of title. When the dispute involves title, the remedy lies in civil court.
The petitioner approached the court by converting a civil dispute as a criminal case.
P.Palanivel
The Superintendent of Police, Sivagangai District
The Inspector of Police, Boolankurinji Police Station
P.Muthulakshmi
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
