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Madras High CourtWP/14311/2021dismissed

Vasantha v. The District Collector Cum District Magistrate

2023-10-16Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.15201 of 2021 Vasantha

...Petitioner

-Vs1.The District Collector cum District Magistrate, Kancheepuram District, Office of the Collectorate, Kancheepuram.

2.The Commissioner of Police, No.132, Commissioner Office Building, Sampath Road, Vepery, Chennai - 600 007.

3.The Deputy Commissioner of Police, Avadi, Chennai - 600 053.

4.The Inspector of Police, T-13, Kundrathur Police Station, SH-113, Kundrathur, Chennai - 600 069.

5.S.Dhanasekaran ... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to immediately take action against the 5th respondent on petitioner complaint along with other 146 members belong to SC & ST community dated 12.04.2021 within the time frame that may be fixed by this Court. For Petitioner : Mr.R.Balachanderan For R1 to R4 : Mr.A.Gopinath Government Advocate (Crl.Side) For R5 : Mr.B.Arvind Srevatsa

ORDER

This Writ Petition has been filed for direction directing the first respondent to immediately take action against the 5th respondent on petitioner complaint along with other 146 members belong to SC & ST community dated 12.04.2021 within the time frame that may be fixed by this Court.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioners were in possession of the properties in various survey numbers in Kundrathur Village, Kundrathur Taluk, Kanchipuram District. They

all belong to Scheduled Caste community. They were cultivating tenants from their occupation for their respective properties. While being so, the fifth respondent filed a writ petition before this Court in W.P.No.3120 of 2021 seeking police protection.

4. As directed by this Court, all the petitioners were evicted from their respective encroachments. During the enquiry also it was found that they were not cultivating tenant and they were evicted in accordance with law after following all the procedures.

5. Therefore, the direction sought for in this writ petition cannot be considered and this Writ Petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. 16.10.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The District Collector cum District Magistrate, Kancheepuram District, Office of the Collectorate, Kancheepuram.

2.The Commissioner of Police, No.132, Commissioner Office Building, Sampath Road, Vepery, Chennai - 07.

3.The Deputy Commissioner of Police, Avadi, Chennai - 53.

4.The Inspector of Police, T-13, Kundrathur Police Station, SH-113, Kundrathur, Chennai - 69.

and W.M.P.No.15201 of 2021 16.10.2023