Shanmugham v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.16883 of 2022 Mr.Shanmugham ... Petitioner Vs.
1.The District Collector, Chennai Collector Office, Chennai-600 001.
2.The Commissioner of Police, Chennai police, Vepery, Chennai-600 007.
3.The Revenue Divisional Office, Chennai Central Revenue Division, Mogappair West, Chennai-600 101.
4.The Inspector of Police, T4, Maduravoyal Police Station, Maduravoyal, Chennai-600 095.
5.Sudakar Sub-Inspector of Police, Maduravoyal, Chennai-600 095.
6.Annamani 7.Velayutham
...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider and thereby disposing the representation made by petitioner on 05.05.2022, 21.05.2022, 25.05.2022 for to protect the life and property of petitioner and to live with security and dignity.(ii) Directing 2nd respondent to take action against 5th respondent for misusing his police power in the civil dispute to help the 6th respondent to take forcible possession of the petitioner's property at Chennai District, Ambattur taluk, Chittiyar Agaram, Chennai 600 077, Survey No.30/1, measuring an extent of 4614.80 square feet's out of 8265 sq.feet of land.
For Petitioner : Mr.R.Rajesh For Respondents : Mr.A.Gokulakrishnan for R1 to R4 Additional Public Prosecutor
O R D E R
The Writ Petition has been filed directing the 1st and 2nd respondents to consider the representations made by petitioner on 05.05.2022, 21.05.2022, 25.05.2022 for to protect the life and property of petitioner and to live with security and dignity (ii) Directing the 2nd respondent to take action against 5th respondent for misusing his police power in the civil dispute to help the 6th respondent to take forcible possession of the petitioner's property.
2. The learned counsel for the petitioner would submit that the respondents 6 & 7 are illegally trespassed the petitioner's property with some rowdy elements, due to which, the petitioner had lodged a complaint before the fourth respondent. However, no action has been taken by the fourth respondent. He would further submit that though the petitioner had given a representation to the third respondent through register post, no action has been taken by the third respondent. Hence, he seeks police protection.
3. The learned Additional Public Prosecutor for the respondents would submit that that there is civil suit pending between the parties. He would further submit that the respondents 1 to 4 will consider the representations of the petitioner and pass orders on merits.
4. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5. In such view of the matter, the respondents 1 to 4 are directed to consider the petitioner's representations dated 05.05.2022, 21.05.2022, 25.05.2022 and pass orders on merits. The respondents police shall decide for issuing any protection by considering the reality prevailing.
6. The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
nr/shk To 1.The District Collector, Chennai Collector Office, Chennai-600 001.
2.The Commissioner of Police, Chennai police, Vepery, Chennai-600 007.
3.The Revenue Divisional Office, Chennai Central Revenue Division, Mogappair West, Chennai-600 101.
4.The Inspector of Police, T4, Maduravoyal Police Station, Maduravoyal, Chennai-600 095.
5.The Public Prosecutor, High Court of Madras.
W.P. No.16883 of 2022 ssi(CO) A.SK(18/07/2022)