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Madras High CourtWP/29135/2016disposed of

Muthurangan, v. The Superintendant Of

2019-02-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.29135 of 2016 Muthurangan ... Petitioner Vs.

1. The Superintendent of Police, Nagapattinam

2. The Deputy Superintendent of Police, Anti-Land Grabbing Cell, Nagapattinam District

3. The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai,

4. The Record Officer(Record of Tenancy Rights), Cum Tahsildar, Mayiladuthurai, Nagapattinam District

5. Sacred Heart marry Convent rep by it's mother Superior, St.Pauls Higher Secondary School Complex, Gandhiji Road, Mayiladuthurai,

6. Sister Agastina Marry, Mother superior .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 and 3 to provide the petitioner with police protection for his peaceful enjoyment of his leasehold lands comprised in S.No.188/1 (0.18 cents), S.No.188/2 (0.34 cents) and S.No.189/1 (2 acres and 18 cents) (Totally 2.70 acres) situated in Nallathukudi Village, Mayiaduthrai Taluk, in his capacity as recorded cultivating tenant as per order of 4th respondent.

For Petitioner : Mr.S.Sounthar For RR1 to 4 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

The writ petition has been filed to direct respondents 1 and 3 to provide the petitioner with police protection for his peaceful enjoyment of his leasehold lands comprised in S.No.188/1 (0.18 cents), S.No.188/2 (0.34 cents) and S.No.189/1 (2 acres and 18 cents) (Totally 2.70 acres) situated in Nallathukudi Village, Mayiaduthrai Taluk, in his capacity as recorded cultivating tenant as per order of 4th respondent.

2. The petitioner seeks police protection for his peaceful enjoyment of his leasehold lands. Now, almost three years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file a fresh petition, on fresh cause of action, if so advised.

3. With the above observations, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar lok To 1.The Superintendent of Police, Nagapattinam 2.The Deputy Superintendent of Police, Anti-Land Grabbing Cell, Nagapattinam District 3.The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai, 4.The Record Officer(Record of Tenancy Rights), Cum Tahsildar, Mayiladuthurai, Nagapattinam District

5. Sacred Heart marry Convent rep by it's mother Superior, St.Pauls Higher Secondary School Complex, Gandhiji Road, Mayiladuthurai, +1cc to Mr.S.Sounthar, Advocate, S.R.No.17155 W.P.No.29135 of 2016 RJI(CO) CS/04/04/2019