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P.M.Yusuf vs The District Collector

Madras High Court|02 August, 2017

JUDGMENT / ORDER

This writ petition is filed seeking for the issuance of a Writ of Mandamus to forbear the respondents 5 and 6 from interfering with the petitioner's right of digging bore-well in his own patta land in S.No.194/2 situated at Valanadu Village, Manapparai Circle, Trichy District, and also to direct the 1st respondent to take appropriate action against the respondents 5 and 6 by considering the representation of the petitioner, dated 11.07.2017.
2. Mr.G.Muthukannan learned Government Advocate takes notice for the respondents 1 to 4. The fourth respondent is present before this Court. By consent, this writ petition is taken up for final disposal, at the admission stage itself.
3. The learned Government Advocate, on instructions, would submit that since the respondents 3 and 4 received complaints stating that the petitioner is attempting to dig a bore-well in a pathway, they intervened in this matter. It is further submitted that a suitable direction can be issued to the Tahsildar, Marungapuri Taluk, Trichy District to survey the property of the petitioner and if the petitioner digs a bore-well in his patta land, the issue can be given a quiteus.
4.In view of the above submission, the first respondent/District Collector is directed to issue suitable direction to the Tahsildar, Marungapuri Taluk, to measure the property of the petitioner in Survey No.194/2 situated at Valanadu Village, Manapparai Circle, Trichy District, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that after measurement is carried out, the petitioner is entitled to dig a bore well in his patta land and in such event the respondent shall not interfere in the right of the petitioner.
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The District Collector, Trichy District, Trichy.
2.The Superintendent of Police, Trichy District, Trichy.
3.The Inspector of Police, Valanadu Police Station, Trichy, Trichy District.
4.The Sub Inspector of Police, Valanadu Police Station, Trichy, Trichy District.
.
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Title

P.M.Yusuf vs The District Collector

Court

Madras High Court

JudgmentDate
02 August, 2017