K.Palaniyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.11.2016

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.16764 of 2013 K.Palaniyappan ... Petitioner Vs 1.The District Collector, Coimbatore District, Coimbatore.

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

3.The Inspector of Police, Sulur Police Station, Sulur, Coimbatore District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to provide adequate police protection for fencing the petitioner's land situated in S.No.91/B, Rasipalayam Village, Sulur Taluk, Coimbatore District for one day.

For Petitioner : Mr.C.Prakasam For Respondents : Mrs.R.Govindasamy Spl.Govt.Pleader

O R D E R

The petitioner is the owner of the land comprised in S.No.37/2A Rasipalayam Village, Sulur Taluk, Coimbatore District measuring to an extent of 64 cents which has been used for cultivation of agricultural crops. The petitioner also possess Patta No.516 for the said land.

2. It is the petitioner's grievance that the local villagers are using his land for the purpose of burial ground. Inspite of the petitioner's objections, no remedial measures have been taken by the respondent herein. In this connection, the https://hcservices.ecourts.gov.in/hcservices/

petitioner had made written representation on 25.03.2013 to the third respondent herein who had also issued CSR.No.272 of 2013. However, the third respondent has not given any police protection to the petitioner for erecting a fence in his land. Hence, the petitioner has come out with the present writ petition.

3.Though the petitioner has sought for a larger relief of a direction to the third respondent to provide adequate police protection for fencing the lands, the learned counsel for the petitioner would submit that if a direction is given to consider the petitioner's representation dated 25.03.2013, the petitioner would be satisfied.

4. In view of the same, there shall be a direction to the third respondent to consider the petitioner's representation dated 25.03.2013 seeking for protection at the time of fencing his land, if not already fenced and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. M.P.No.1 of 2013 is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kkd To 1.The District Collector, Coimbatore District, Coimbatore.

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

3.The Inspector of Police, Sulur Police Station, Coimbatore District.

+1cc to Mr.Prakasam, Advocate Sr.64315 +1cc to the Government Pleader Sr.64342 W.P.No.16764 of 2013 mg[co] srg 19/12/2016 https://hcservices.ecourts.gov.in/hcservices/