Madras High CourtWP/1064/2018disposed of

C.Zainaba v. The District Collector

2019-02-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1064 of 2018 C.Zainaba ..Petitioner Vs.

1.The District Collector Nilgiri District Nilgiri 2.The Superintendent of Police Nilgiri District Nilgiri 3.The Revenue Divisional Officer Gudalur Taluk Nilgiri District.

4.The Tahsildar, Gudalur Taluk, Nilgiri District.

5.The Inspector of Police, D1 Police Station, Gudalur, Nilgiri District.

6.The District Welfare Officer for Scheduled Tribes, Ooty, Nilgiri District 7.J.Babu 8.M.Krishnan 9.Duraisami ..Respondents (R7 to R9 are impleaded as per order dated 23.02.2018 in WMP.No.4507 of 2018 )

PRAYER:

Writ Petition has been filed under Article 226 Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 30.12.2017 to give adequate Police protection while complying the order of the 3rd respondent for surveying the land measuring 0.05.5 Hectare comprised in Survey No.343/3H of Gudalur Village, Devar Shola Street, lies within the Gudalur Municipality, Nilgiri District within a reasonable time. For Petitioner : Mr.K.Kannan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 to R6 Mr. M.Vijayargavan for R7 Mr.C.Prakasam for R8

O R D E R

The Writ Petition has been filed to direct the 2nd respondent to consider the petitioner's representation dated 30.12.2017 to give adequate Police protection to surveying the land measuring 0.05.5 Hectare comprised in Survey No.343/3H, Devar Shola Street, Gudalur Village, Nilgiri District within a reasonable time.

2. It is seen that the petitioner made a request to the 3rd respondent to survey his land comprised in Survey No.343/3H of Devar Shola Street, Gudalur Village, Nilgiri District. The petitioner cannot seek Police protection by directing the fifth respondent. It is upto to the Revenue officials, whenever there is obstruction from third parties, they can very well seek Police protection. In any circumstances, the 3rd respondent failed to survey the land seeking Police protection from the 5th respondent, if the Police protection sought for by the Revenue officials, the respondents are directed to consider the same and pass orders on merits and in accordance with law.

3. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar msv

To 1.The District Collector Nilgiri District Nilgiri 2.The Superintendent of Police Nilgiri District Nilgiri 3.The Revenue Divisional Officer Gudalur Taluk Nilgiri District.

4.The Tahsildar, Gudalur Taluk, Nilgiri District.

5.The Inspector of Police, D1 Police Station, Gudalur, Nilgiri District.

6.The District Welfare Officer for Scheduled Tribes, Ooty, Nilgiri District +1cc to Mr.M.Vijayargavan, Advocate SR.No.17263 +1cc to Mr.K.Kannan, Advocate SR.No.17508 +1cc to Mr.C.Prakasam, Advocate SR.No.17774 W.P.No.1064 of 2018 PP(CO) GMY(22/03/2019)