Dharmapuram Aadheenam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.3561 OF 2021 AND WMP.NO.4052 OF 2021 Dharmapuram Aadheenam ... Petitioner Vs.
1. The District Collector, Nagapattinam District.
2. The Superintendent of Police, Nagapattinam District.
3. The Inspector of Police, Porayar Police Station, Porayar, Nagapattinam.
... Respondents Prayer:
The Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to provide police protection to the Dharapuram Aadheenam to freely put up the construction in the land situated at S.No.612/1, Thirukaddaiyur Village, South Street, Mayiladuthurai. For Petitioner : Mr.Sarath Chandran For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent police to provide police protection to the petitioner in order to enable the petitioner to complete the construction of building in the subject property.
2. The case of the petitioner is that the subject property absolutely belongs to the petitioner and he has already obtained permission from the concerned authorities to put up a building in the subject property and some persons, who have absolutely no
right over the property, are causing threat and preventing the petitioner from putting up the building. The petitioner gave a representation to the respondent police in this regard on 01.01.2021. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.
3. Heard Mr.Sarath chandran, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing on behalf of respondents.
4. Taking into consideration the facts and circumstances of the case and also after being satisfied on the merits of the claim made by the petitioner, there shall be a direction to the third respondent to provide police protection to the petitioner in order to enable the petitioner to put up the construction in the subject property. Any one who creates law and order problem shall be dealt with strictly in accordance with law. If any charges will have to be paid for the purpose of providing police protection, the petitioner shall pay such charges to the third respondent. The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order.
5. This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rli To 1.
The District Collector, Nagapattinam District.
2.
The Superintendent of Police, Nagapattinam District.
3.
The Inspector of Police, Porayar Police Station, Porayar, Nagapattinam.
4.
The Public Prosecutor High Court of Madras Chennai - 600 104.
+1cc to Mr.V.Raghavachari, Advocate, S.R.No.11710 W.P.No.3561 of 2021 and WMP.No.4052 of 2021 AAB(CO) CS/19/03/2021