M/S.Adhithyaa Dairy Farm, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s. Adhithaya Dairy Farm Rep. by its Partner R.G.Kumar, No.1 & 2, Prakasam Street, MCN Nagar, Thuraipakkam, Chennai - 600 097.
... Petitioner Vs.
1. The District Collector, O/o. The Collectorate, Chenagalpattu,
2. The Inspector of Police, Thiruporur Police Station, Thiruporur,
3. Iddhayavarman @ Senthil
4. Lakshmipathy (R3 & R4 impleaded vide order dated 09.11.2023 made in W.M.P.No.25269 of 2023 in W.P.No.16289 of 2023) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second
respondent Police to provide adequate police protection to implement the order of the first respondent/District collector in Na.Ka.No.5081/2022/ A10 dated 06.03.2023 while putting up road in Survey No.27/21 of Sengadu Village, Illalur Panchayat, Thiruporur Panchayat Union, For Petitioner : Mr.E.Om Praksh, Senior Counsel For Mr.A.Ilangovan For Respondents For R1 : Mr.P.Balathandayutham Special Government Pleader For R2 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) For R3 & R4 : Mr.C.Vigneswaran
ORDER
This writ petition has been filed for direction directing the second respondent to provide police protection to implement the order dated 06.03.2023, passed by the first respondent/District collector, thereby granted permission to lay road.
2.
The petitioner is a partnership firm and it has 10 acres of land in Sengadu Village, Illalur Panchayat, Thiruporur Panchayat Union, Chengalpattu District. In order to develop the said property and also in the interest of public welfare, they approached the first respondent requesting for permission to lay road with their own funds under the
Corporate Social Responsibility Scheme. After receiving inspection report from the District Revenue Officer, Chengalpattu and on receipt of the recommendation from the Revenue Divisional Officer, Thiruporur, the first respondent had permitted the petitioner to lay road with certain conditions by his proceedings dated 06.03.2023. When the petitioner about to lay the road, there was a life threat from certain persons and as such, the petitioner lodged complaint and the same was registered in Crime No.1628 of 2020 on the file of the second respondent police. Therefore, the petitioner sought for police protection while implementing the order passed by the first respondent.
3.
The learned counsel appearing for the respondents 3 & 4 submitted that the subject land is belong to temple and the petitioner is not the owner of the subject property. In respect of the same, both the petitioner and the third and fourth respondents filed suit before the Civil Court as against the petitioner and the same are pending for adjudication. Therefore, pending adjudication of both the suits, the petitioner cannot lay road for his personal purpose.
4.
Considering the above facts and circumstances, the prayer sought for in this petition cannot be granted now. However, if the petitioner succeeds in above suits, the petitioner can very well approach the second respondent for police protection to implement the order passed by the first respondent.
5.
With the above directions, the writ petition stands disposed of. There shall be no order as to costs.
28.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts
To
1. The District Collector, O/o. The Collectorate, Chenagalpattu,
2. The Inspector of Police, Thiruporur Police Station, Thiruporur,
3. The Public Prosecutor Madras High Court, Chennai.
G.K.ILANTHIRAIYAN. J, rts 28.02.2025