Ravi Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.5506 of 2021 Ravi Shanmugam ... Petitioner Vs.
1. The District Collector, Collectorate, Vengikkal, @ Tiruvannamalai 606 604.
2. The Superintendent of Police, District Police Office, @ Thiruvannamalai.
3. Venkatesan @ Tirupati Balaji ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to consider and pass orders on the petitioner's representation dated 04/01/2021 within a stipulated time as deemed fit and proper by this Court. For Petitioner : Ms.Swadhi Subramaniam For Respondents: Mr.C.Raghavan Government Advocate for R1 & R2
O R D E R
This writ petition has been filed for the issue of writ of mandamus directing the respondent police to grant police protection to the petitioner for his life and limb and also for the property.
2.The case of the petitioner is that he is the owner of the subject property by virtue of registered sale deed, dated 24.11.2014.
3.The further case of the petitioner is that 3rd respondent by using his political clout and being an Ex-Ward Councilor, has illegally encroached upon the property and is indulging in illegal activities. It is also stated that he is
quarrying in the property without any license or permission from the authorities. When the petitioner questioned the same, he was threatened and he was warned with dire consequence. 4.The petitioner gave a complaint in this regard to the respondent police seeking for police protection and to take action against the 3rd respondent. Since the same did not evoke any response, the present writ petition has been filed before this Court.
5.Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent police.
6.Taking into consideration the facts and circumstances of the case and the serious allegations that have been made by the petitioner in the complaint, the respondent police ought to have acted upon the complaint given by the petitioner. The 3rd respondent cannot use his political clout to grab the properties and indulge in any illegal activities. The official respondents also cannot maintain silence just because the 3rd respondent belongs to some political party. Being member of a political party does not give him any right or will be a license to indulge in illegal activities.
7.In view of the above, there shall be a direction to the Superintendent of Police, Thiruvannamalai District to immediately act upon the complaint given by the petitioner on 04.01.2021 to take action on the 3rd respondent and ensure that he does not cause any threat to the petitioner or indulge in illegal activities in the property belonging to the petitioner. If required, criminal action shall also be initiated. The petitioner is directed to make a fresh representation to the Superintendent of Police, Thiruvannamalai District along with all relevant documents and also a copy of this order.
8.This writ petition is disposed of with the above direction. No Costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ssr To
1. The District Collector, Collectorate, Vengikkal, @ Tiruvannamalai 606 604.
2. The Superintendent of Police, District Police Office, @ Thiruvannamalai.
3. The Public Prosecutor, High Court of Madras,Chennai.
+1cc to M/s.Swadhi Subramaniam, Advocate SR.13943 W.P.No.5506 of 2021 PL(CO) CB(23/03/2021)