Nagappa v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN and WMP.No.21903 of 2024 Nagappa ... Petitioner Vs.

1. The Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Superintendent of Police, Krishnagiri District, Krishnagiri.

4. The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District.

5. The Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.

6. The Tahsildar, Denkanikottai Taluk, Denkanikottai, Krishnagiri District.

7. Ramesh 1/5

8. Muniyappa

9. Rajakannan 10.Thottilappa 11.Sikkalappa 12.Pasappan 13.Munusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, directing respondents 3 to 5 to provide police protection to the petitioner and for fencing his agriculture assignment land in S.No.153 to the extent of 0.26.5 Hectare situated at Maragatta Village, Noganur, Denkanikottai Taluk, Krishnagiri District based on the complaint made by the petitioner dated 01.12.2023 by invoking Section 21 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act.

For Petitioner : Mr.V.Elangovan For Respondents: Mr.P.Balathandayutham Special Govt. Pleader for R1, R2 & R6 Mr.K.M.D.Muhilan Govt. Advocate (Crl. Side) for R3 to R5 Mr.T.Venkatesan for R7 to R9 & R12 *****

O R D E R

This writ petition has been filed for a direction, directing respondents 3 to 5 to provide police protection to the petitioner and for 2/5

fencing his agriculture assignment land in S.No.153 to the extent of 0.26.5 Hectare situated at Maragatta Village, Noganur, Denkanikottai Taluk, Krishnagiri District based on the complaint made by the petitioner dated 01.12.2023.

2. There is already a dispute in respect of the burial ground. The respondents 7 to 13 claiming the subject land as burial ground. In this regard, the 6th respondent already initiated the proceedings and closed the same vide order dated 27.04.2023 on the ground that the civil suit is pending for the same issue in O.S.No.162 of 2013 before the Additional Munsif Court, Denkanikottai. Now, the suit has been withdrawn and there is no impediment for the 6th respondent to proceed with the enquiry. Therefore, the direction sought for in this writ petition cannot be granted. However, the 6th respondent is directed to proceed with the enquiry in Na.Ka.No.117/2023/A3, after issuance of notice to the respondents 7 to 13 herein and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/5

4. With the above directions, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected WMP is also closed.

06.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kmi To

1. The Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri District.

3. The Superintendent of Police, Krishnagiri District, Krishnagiri.

4. The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District.

5. The Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.

6. The Tahsildar, Denkanikottai Taluk, Denkanikottai, Krishnagiri District.

7. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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