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Madras High CourtWP/12818/2023dismissed

R.Mangaleswaran v. The District Collector

2025-04-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.12622 of 2023 R.Mangaleswaran ... Petitioner -Vs1. The District Collector, Chengalpattu district, Chengalpattu.

2. The Tahsildar, Pallavaram Taluk, Pallavaram, Chennai-600 043.

3. The Superintendent of Police, Chengalpet District, Tambaram, Chennai-600 045.

4. The Inspector of Police, T4, Shankar Nagar Police Station, Sankar Nagar, Pammal, Chennai-600 075.

5. K.Sharmila

6. J.Sundaram

7. K.Selvaraj

8. B.Vanaja

9. V.Joseph

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 3 and 4 to provide police protection against the respondents 5 to 9 who set out to threaten the petitioner through 1 and 2nd respondent and evict him from the property situated at Pozhichallur village, comprised in survey No.288, to an extent of 5 Acres and 15 cents except by due process of law on the complaint dated 19.01.2023 in CFS 13245814.

For Petitioners : Mr.A.D.Janarthanan For R1 to R4 : Mr.R.Vinothraja Government Advocate (Crl.side) O RDER This Writ Petition has been filed for direction directing the respondents 3 and 4 to provide police protection against the respondents 5 to 9 who set out to threaten the petitioner through the first and second respondents and evict him from the property situated at Pozhichallur village, comprised in survey No.288, to an extent of 5 Acres and 15 cents except by due process of law on the complaint dated 19.01.2023 in CFS 13245814.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents 1 to 4 and perused the materials available on record.

3. On instructions, the learned Government Advocate (crl.side) would submit that the petitioner is not even in possession and enjoyment of the subject property. That apart, the subject property is a water body poromboke. Already the Hon'ble Division Bench of this Court passed order to remove the encroachers from that area.

4. In view of the above, the direction sought for in this petition cannot be granted and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs.

07.04.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The District Collector, Chengalpattu district, Chengalpattu.

2. The Tahsildar, Pallavaram Taluk, Pallavaram, Chennai-600 043.

3. The Superintendent of Police, Chengalpet District, Tambaram, Chennai-600 045.

4. The Inspector of Police, T4, Shankar Nagar Police Station, Sankar Nagar, Pammal, Chennai-600 075.

5. The Public Prosecutor, High Court, Madras.

07.04.2025