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Madras High CourtWP/12923/2022disposed of

Gopal v. The District Collector

2022-05-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.05.2022

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.12923 of 2022 Gopal ... Petitioner -Vs1.The District Collector, Coimbatore-642018.

2. The Inspector of Police, Coimbatore-642018.

3.The Inspector of Police, Kinathukadavu Police Station, Coimbatore District-642109.

4.Santhalingam 5.Anandhi ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to provide police protection for the petitioner's peaceful quarry operation by considering the petitioner's representation dated 13.04.2022. For Petitioner : Mr.D.R.Arun Kumar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This writ petition has been filed for the issuance of writ of mandamus directing the respondent police to provide police protection to the petitioner to carryout the quarrying operations in the subject property.

2. The case of the petitioner is that he had applied for a license to operate the quarry and the District Collector, Coimbatore through proceedings dated 24.12.2018 granted license to undertake the quarry operations for the period from 24.12.2018 to 23.12.2023.

3. The grievance of the petitioner is that the 4th and 5th respondents without any right or authority started interfering with the quarrying operations of the petitioner. The petitioner gave a complaint in this regard to the respondent police and a CSR was also issued on 08.04.2022. Even https://hcservices.ecourts.gov.in/hcservices/

thereafter, no action was taken and the interference continued and representation was made by the petitioner to the respondents 2 and 3 seeking for police protection. Since the same was not considered, the present writ petition has been filed seeking for appropriate directions.

4. Heard Mr.D.R.Arun Kumar, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor for the respondents.

5. It is seen from the records that the first respondent has already granted license for carrying on the quarry operations till the year 2023. The petitioner having been given valid license cannot be stopped from carrying on quarrying operations by the 4th and 5th respondents. Repeated complaints given by the petitioner did not evoke any response and hence, the petitioner is seeking for a direction to the respondent police to give police protection to enable the petitioner to carry on with the quarry operations.

6. This Writ Petition is disposed of with a direction to the 3rd respondent to consider the representation made by the petitioner on 13.04.2022 and to call the 4th and 5th respondents and warn them not to interfere with the quarry operations. If in spite of the same, any interference is made by the 4th and 5th respondents or any other person, action shall be taken against them in accordance with law and if required police protection shall be given to the petitioner. If the 4th and 5th respondents are aggrieved by the license issued in favour of the petitioner, they have to work out their remedy in the manner known to law and they cannot interfere with the quarry operations without any authority. No costs.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar ssr To 1.The District Collector, Coimbatore-642018.

2. The Inspector of Police, Coimbatore-642018.

3.The Inspector of Police, Kinathukadavu Police Station, Coimbatore District-642109.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.R.Arun Kumar, Advocate Sr.NO.31584 W.P.No.12923 of 2022 RGN(CO) A.SK(27/05/2022) https://hcservices.ecourts.gov.in/hcservices/