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Madras High CourtWP/11873/2015disposed of

T.V.Amasalingam, v. Inspector Of Police,

2015-04-23Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.11873 of 2015 T.V.Amasalingam ... Petitioner Vs.

1. Inspector of Police (Law and Order) Nasrathpet Police Station Nasrathpet.

2. Assistant Commissioner of Police, Poonamallee

3. Commissioner of Police Chennai City, Chennai 600 010.

4. The District Collector, Tiruvellore District, Tiruvellore.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to provide protection to the petitioner and his men for fencing and compound wall to the property bearing S.No.146/5, 146/6, 146/7, 146/16, 236/1B, 236/2C, 236/2D, 236/2E, 236/2F, 236/5 and 236/8 for which suitable direction may be given to the other respondents to enable the 1st respondent to provide adequate protection in the facts and circumstances of the case.

For Petitioner : Mr.N.S.Nandakumar For Respondents : Mr.V.Subbiah Special Government Pleader

O R D E R

By consent the writ petition is taken up for final disposal. 2.The petitioner claims that after the death of his father, a joint patta no.693 and patta no.74 were given in the name of the petitioner as well as in the name of his brother namely Ganesan in repsect of lands in S.Nos.146/6, 146/7 and 236/5 were issued by the Tahsildar, Poonamallee. There are certain lands also fallen to the share of the petitioner and would further claim that he has also obtained patta no.1537 in his name and his family members name of his share of properties comprised in S.No.146/5, 146/6, 146/7, 146/16, 236/1, 236/2C, 236/2D, 236/2E, 236/2F, 236/5 and he also got favourable orders from this Court in W.P.Nos.6915 to 6917 of 2002 as well as in W.A.No.2400 of 2012, but, some private persons are interfering with his possession and enjoyment. Though, it was brought to the knowledge of the respondents by way of representation, no response is forthcoming. Hence, he has come forward to file this writ petition.

3.Heard the submissions of Mr.N.S.Nandakumar, learned counsel appearing for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice for the respondents. 4.Though the petitioner prayed for larger relief, this Court taking into consideration the facts and circumstances and without going into the merits of the representation, directs the first respondent to consider and dispose of the petitioner's representation dated 05.02.2015, in accordance with law, after putting the concerned persons on notice and as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner as well as to the persons concerned.

5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri

To

1. The Inspector of Police (Law and Order) Nasrathpet Police Station Nasrathpet.

2. The Assistant Commissioner of Police, Poonamallee

3. The Commissioner of Police Chennai City, Chennai 600 010.

4. The District Collector, Tiruvellore District, Tiruvellore.

+1cc to Mr.N.S.Nanda Kumar, Advocate, S.R.No.22398 +1cc to the Government Pleader, S.R.No.22297 W.P.No.11873 of 2015 KM(CO) CA(15/05/2015)