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Madras High CourtWP/21579/2021disposed of

S.Kalamani v. The Superintendent Of Police

2021-11-02Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.NO.21579 OF 2021 S.Kalamani ... Petitioner

Versus

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

2. The State Rep. by its The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

3. Seniappan

4. Sivamani

5. Sampath Kumar

6. Naveen Kumar

7. Gopalan

8. Sasikala

9. Gomathi

10. Lakshmi

11. Rangasamy

12. Saraswathi

13. Thulasiammal ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to grant sufficient police protection to the petitioner for doing motor pump repair works in the common well comprised in S.No.485/8D, 476/4D situated at Karumathampatti Village, Coimbatore District by considering her representation dated 10.08.2021.

For Petitioner : Mr.K.Myilsamy For R1 & R2 : Mr.R.Vinoth Raja Government Advocate (Crl. Side)

O R D E R

This Writ Petition is filed to direct the respondent Nos.1 and 2 to grant sufficient police protection to the petitioner for doing motor pump repair works in the common well comprised in S.No.485/8D, 476/4D situated at Karumathampatti Village, Coimbatore District by considering her representation dated 10.08.2021.

2. The petitioner is a widow lady and she got two daughters viz., Pavithra, Induja. By virtue of inheritance the petitioner and her daughters are the absolute owners of building and agricultural land measuring to an extent of 87 cents comprised in Survey Nos.476/4C, 485/8C, 485/8B, 476/4D, 485/8D, 476/4C, 476/4D situated at Karumathampatti Village, Coimbatore District. There is a common well situated in Survey Nos.485/8D and 476/4D to water the above said field. The above said common well is used and enjoyed by the petitioner with others. All individuals have their own respective motor pumps drawing water from the well for drinking and irrigating the field.

Now the petitioner's motor pump, which is installed in the common well has become dis-functioned and repaired, hence water could not be drawn, for this reason, petitioner engaged a person for carrying out repair works in the motor pump, which was objected and prevented by others. Further they have threatened the petitioner for obvious reasons. The petitioner's daughter viz., Pavithra lodged a complaint before the respondent police, though CSR was issued, and kept pending and no action taken, due to which the petitioner is unable to draw water from the well for irrigation purpose and sought police protection for carrying out repair works in the common well. Hence, the above petition is filed.

3. The learned Government Advocate [Crl. Side] submits that on the complaint of the petitioner's daughter viz., Pavithra, the respondent police assigned CSR.No. On 26.07.2021, the petitioner as well as the objectors were called for enquiry and the enquiry is in process. In the mean while, the petitioner had sent a representation dated 10.08.2021 to the second respondent police to provide police protection for carrying out repair in the motor pump.

4. On perusal of the materials and the documents produced along with the typed set of papers, it is seen that the petitioner is in possession and enjoyment of the property i.e. the common well and drawing water. There are several others, who are drawing water from the common well with their respective motor pumps. Now the petitioner's motor pump is dis-functioned and the same is to be repaired for drawing water. This Court finds that the petitioner is having right in drawing water from

the common well and there could be no objections by the objectors.

5. In view of the same, the respondent police is directed to give protection for carrying out repair work in the motor pump installed in the common well, unless there is any prohibitory order from the competent court.

6. With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar drm/ah To 1.

The Superintendent of Police, Coimbatore, Coimbatore District.

2.

The Inspector of Police, Karumathampatty Police Station, Coimbatore District.

3.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Myilsamy, Advocate, S.R.No.57333 W.P.NO.21579 OF 2021 PM(CO) PBS/01/12/2021