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Madras High CourtWP/15704/2023allowed

K.V.Srikanth v. The Superintendent O Police

2023-05-17Honourable Mr Justice A.A.Nakkiran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.05.2023

CORAM

THE HON'BLE MR.JUSTICE A.A.NAKKIRAN W.P.No.15704 of 2023 K.V.Srikanth

...Petitioner

vs.

1. The Superintendent of Police, Salem District, Salem.

2. The Deputy Superintendent of Police, Mettur Dam, Salem District.

3. The Inspector of Police, Karumalaikoodal Police Station, Salem District.

4. The Tahsildar, Mettur Taluk Office, Salem District.

5. Kuttipaiyan @ Govindaraj

6. Pachamuthu

7. Settu

8. Umamaheswari

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to provide police protection to fencing the petitioner's land in Survey No: 250/4 to the extent of 2.81 acres situated at Nangavalli Road Railway Gate, Karuppureddiyur Village, P.N.Patti, Mettur Taluk, Salem District based upon the survey conducted on 10.05.2023.

For Petitioners : Mr.V.Elangovan For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) for RR-1 to 3

O R D E R

The petitioners have filed this Writ Petition praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to provide police protection for fencing the petitioner's land in Survey No: 250/4 to the extent of 2.81 acres situated at Nangavalli Road Railway Gate, Karuppureddiyur Village, P.N.Patti, Mettur Taluk, Salem District based upon the survey conducted on 10.05.2023.

2. Heard both sides and perused the materials available on record.

3. Taking into consideration the factual aspects of the matter, this Court, without going into the merits of the case, directs the respondents 1 to 3 to consider the representation of the petitioner, dated 10.05.2023, conduct enquiry, give an opportunity of personal hearing to the petitioner and other necessary parties including the respondents 5 to 8 herein and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it is for the respondents 5 to 8 to decide the same.

4. With the above observations and directions, the Writ Petition is allowed. No costs.

17.05.2023 Index : Yes / No Speaking Order : Yes / No : Yes / No mfa/grs

To

1. The Superintendent of Police, Salem District, Salem.

2. The Deputy Superintendent of Police, Mettur Dam, Salem District.

3. The Inspector of Police, Karumalaikoodal Police Station, Salem District.

4. The Tahsildar, Mettur Taluk Office, Salem District.

5. The Public Prosecutor, High Court of Madras.

A.A.NAKKIRAN., J.

mfa/grs W.P.No.15704 of 2023 17.05.2023