Fmr.21, Morappur Fishermen Co-Operative Society, v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.1057 OF 2022 FMR.21, Morappur Fishermen Co-operative Society, Represented by its President, Tmt.M.Buvaneswari, Kuppachiammal Illam, Mariyamman Koil Street, Harur - 636 903, Dharmapuri District.

... Petitioner .Vs.

1. The Executive Engineer, Public Works Department, Water Resource Organisation, Upper Pennaiyar Basin Division, Dharmapuri District.

2. The Assistant Director of Fisheries, Dharmapuri.

3. The Superintendent of Police, Dharmapuri.

4. The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

5. Rani

6. Vanithamani

7. Vennila

8. Menaka

9. Kanaga

10. Vadivel

11. Gobi

12. Sakthivel

13. Panbarasu ... Respondents PRAYER:- Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to issue direction directing the respondents 3 and 4 to provide Police protection to the petitioner society to carry out fishing operation in the Alapuram lake situated at Pappireddipatti Taluk, Dharmapuri District based on the grant of lease for fishing right to the members of the petitioner society viz. 1. S.Vimalan (Member No:1081), 2. S.Jothimurugan (Member No:1082), 3.

A.Mariappan (Member No:1083),

4. G.Ranganathan (Member No:1084), 5. P.Govindan (Member No:1085) and 6. C.Srinivasan (Member No:1086) for a period from 2022 to 2024 as per the orders of the Executive Engineer, PEDWRO, Upper Pennaiyar Basin Division, Dharmapuri-5 in proceedings in Letter No.61/Ko.29/2020/Tha.4/dated : 20.01.2020. For Petitioner :

Mr.V.Elangovan For R3 & R4 :

Mr.A.Gokulakrishnan Additional Public Prosecutor For R5 to R9 & :

Mr.R.Thamarai Selvan R11 to R13 For R10 :

No Appearance

O R D E R

This Criminal Original Petition has been filed seeking to direct the respondent Police for grant of Police protection to the petitioner's society to carry out fishing operation in the Alapuram lake situated at Pappireddipatti Taluk, Dharmapuri District.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the Respondent Police.

3. It is submitted by the learned Additional Public Prosecutor that the matter has already been referred to the Revenue Divisional Officer to proceed under Section 145 Cr.P.C proceedings.

4. In such a view of the matter, this Court cannot give any direction to give police protection and the parties should await for the orders under Section 145 Cr.P.C proceedings.

Accordingly, this Criminal Original Petition stands closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ham/shk To 1.

The Executive Engineer, Public Works Department, Water Resource Organisation, Upper Pennaiyar Basin Division, Dharmapuri District.

2.

The Assistant Director of Fisheries, Dharmapuri.

3.

The Superintendent of Police, Dharmapuri.

4.

The Inspector of Police, Pappireddipatti Police Station, Dharmapuri District.

5.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.V.Elangovan, Advocate, S.R.No.40226 +1cc to Mr.R.Thamarai Selvan, Advocate, S.R.No.39967 CRL.O.P.NO.1057 OF 2022 SSN(CO) PBS/11/07/2022