Sree Jai Hanuman Granites v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A.NO.1856 OF 2021 M/s.Sree Jai Hanuman Granites, Rep. by its Partner Nishaanth, 1/443, Mill Medu, Salem Main Road, Kaveripattinam, Krishnagiri.
... Appellant/Petitioner .Vs.
1. The Superintendent of Police, Krishnagiri District, Krishnagiri.
2. The Sub Inspector of Police, Nagarasampatty Police Station, Nagarasampatty, Krishnagiri District.
... Respondents/ Respondents 1 & 2 3.C.R.Tamilvanan ... 3rd Respondents/Petitioner PRAYER:- Writ Appeal filed under clause 15 of the Letters Patent praying to set aside the order of this Court passed in W.P.No.5664 of 2021 dated 08.03.2021.
Prayer in W.P.No.5664 of 2021:- Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 12.02.2021 and to provide adequate police protection to the life and limbs of the petitioner and his men who are doing mining activities in S.F.Nos.418/3 (0.17.5), 418/4 (0.09.5), 418/6 (0.02.5), 418/7 (0.06.0), 418/8 (0.01.0), 418/12 (0.03.0), 418/3
(0.07.5), 421/1 (0.20.0), 421/2 (0.08.5), 421/3 (0.06.5), 421/4A (0.07.5), 421/4B (0.04.0), 421/5 (0.13.5), 421/6 (0.05.0), 421/7 (0.09.5), 421/8 (0.06.5), 421/2A (0.28.5) and 421/12B (0.05.0). For Appellant : Mr.K.Vijayaraghavan For Respondents : Mr.J.C.Durairaj 1 & 2 Government Counsel (Crl.Side) For Respondent-3 : Mr.A.R.L.Sundaresan, Senior Counsel For Mr.H.Elango
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.) The writ appeal has been filed challenging the order passed in W.P.No.5664 of 2021 dated 08.03.2021 by a third party.
2. The Writ Petition was originally filed by the third respondent herein seeking a mandamus directing the respondents 1 and 2 - police to consider his representation dated 12.02.2021, wherein, he has sought for police protection for his life and to carry out the mining activities in the petition mentioned properties/survey numbers.
3. The Writ Court had passed an order on 08.03.2021, which reads as follows:
"5. Taking into facts and circumstances of the case and also the fact that the petitioner has been granted leases to perform quarry operations and he has entered into a lease agreement with the District Collector, Krishnagiri, for a period of 20 years, there shall be a direction to the second respondent to act upon the complaint given by the petitioner on 09.01.2021 and 12.02.2021 and provide police protection to ensure that no one prevents the petitioner from doing quarrying activity or cause threat to the petitioner. If any charge is payable so as to provide police protection, the same shall also be fixed by the second respondent and it shall be paid by the petitioner.
6. The continuation of the police protection shall be assessed by the second respondent, considering the prevailing situation and a decision shall be taken in that regard. The petitioner is directed to make a fresh representation with all relevant documents along with a copy of this order. A copy of the representation shall also be marked to the first respondent."
4. From the above, it is evident that the Writ Court had directed the writ petitioner to make a fresh representation with all relevant documents along with a copy of the order passed by the learned Single Judge, which would be considered by the police authorities.
5. The appellant, aggrieved by the said order, has preferred the instant appeal contending that the writ petitioner has suppressed the pendency of the suit in O.S.No.11 of 2021 on the file of the Principal District Munsif Court, Krishnagiri, and obtained the impugned order. He also states that the writ petitioner was not favoured with the order of injunction by the Civil Court. Hence, he suppressed the said fact and came before this Court for police protection.
6. Be that as it may, the first and second respondents, who are the authorities, while considering the representation of the original writ petitioner dated 12.02.2021, are directed to issue notice to the Appellant also and afford him an opportunity of personal hearing and consider the documents that are produced by him at the time of hearing and pass appropriate orders in accordance with law. The said exercise shall be completed within a period of one month from today.
7. We would also like to add that the above direction is given de hors the fact that the Writ Appeal is not maintainable, against the order passed in a writ petition, which was filed seeking the relief from the police authorities.
8. With the above directions and observation, the Writ Appeal is disposed of. No Costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rsi
To 1.
The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.
The Sub Inspector of Police, Nagarasampatty Police Station, Nagarasampatty, Krishnagiri District.
+1cc to Mr.K.Vijayaraghavan, Advocate, S.R.No.50345 +1cc to Mr.H.Elango, Advocate, S.R.No.50335 W.A.NO.1856 OF 2021 RR(CO) PBS/07/10/2021