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Madras High CourtWP/1143/2024disposed of

S.Dhinesh v. The District Collector

2024-01-19Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 19.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Dhinesh, S/o.S.Subramani ... Petitioner Vs.

1.The District Collector, District Collector Office, Namakkal District, Tamil Nadu.

2.The District Revenue Officer, District Revenue Office, Namakkal District, Tamil Nadu.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tiruchengode, Tamil Nadu.

4.The Tahsildhar, Tahsildar Office, Paramathi Velur Taluk, Namakkal District, Tamil Nadu.

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5.The Superintendent of Police, Namakkal District, Tamil Nadu.

6.The Sub Inspector, Nallur Police Station, Namakkal District, Tamil Nadu.

7.T.Gangatharan, S/o.S.Thangavel ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus to direct the respondents 5 and 6 to give police protection and facilitate access to bring out tapioca roots from the petitioner's land to the main road in order to send to zoco factory. For Petitioner : Mr.A.Kumar For Respondents : Mr.A.Damodaran for R1 to R6 Additional Public Prosecutor

ORDER

This Writ petition has been filed for a direction to the respondents 5 and 6 to give police protection in order to enable the petitioner to bring out tapioca roots from the petitioner's land to the main 2/5

road and to send the same to zoco factory, based on the representation dated 30.12.2023.

2.

When the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions submitted that an enquiry was conducted in Current Paper No.1408 of 2023 and it was closed on 25.07.2023. Since there was a pathway dispute between the parties, the parties were directed to approach the competent Civil Court. The relevant records were also placed before this Court.

3.

In the considered view of this Court, there is a civil dispute between the petitioner and the private respondent and the same cannot be interfered by the respondent police. The petitioner has to necessarily approach the competent Civil Court and seek for appropriate remedy. Except giving this clarity, no further orders can be passed in this writ petition.

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4.

This writ petition is disposed of in the above terms. No costs. 19.01.2024 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 1.The District Collector, District Collector Office, Namakkal District, Tamil Nadu.

2.The District Revenue Officer, District Revenue Office, Namakkal District, Tamil Nadu.

3.The Revenue Divisional Officer, Revenue Divisional Office, Tiruchengode, Tamil Nadu.

4.The Tahsildhar, Tahsildar Office, Paramathi Velur Taluk, Namakkal District, Tamil Nadu.

5.The Superintendent of Police, Namakkal District, Tamil Nadu.

6.The Sub Inspector, Nallur Police Station, Namakkal District, Tamil Nadu.

7.The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH,J.

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