Nataraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2019 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.24534 of 2019 Nataraj .. Petitioner Vs.

1. The District Collector, Perambalur District, Perambalur.

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

3. The Revenue Divisional Officer, Revenue Divisional Office, Perambalur District.

4. The Tahsildar, Kunnam Taluk, Perambalur District.

5. The Sub Inspector of Police, Maruvathur Police Station, Maruvathur, Perambalur District.

6. Subramany

7. Selvam

8. Ramar

9. Lakshmanan

10. Manivel .. Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation of the petitioner dated 12.08.2019 in accordance with law and direct the 5th respondent to give police protection enabling the petitioner to freely saw the seeds in his agricultural land and harvest the yields and go to his land freely without any hindrance and disturbances by the 5th to 10th respondents at Survey No.145/2, 145/3 Kilpuliyur South Kunnam Taluk, Perambalur District to secure the ends of justice.

For Petitioner : Mr.T.Mohan for Mr.R.Srinivasan For Respondents : Mr.C.Iyyapparj Additional Public Prosecutor for R1 to R5 Mr.S.Udayakumar for R6 to R10

ORDER

The limited prayer sought for in the present writ petition is for consideration of the petitioner's representation dated 12.08.2019 wherein the petitioner has sought for police protection. The petitioner apprehends that there could be obstructions from the respondents 6 to 10 herein to the usage of the common pathway.

2.In my view, whenever a representation of this nature is concerned made, there is a duty cast on the concerned respondent to consider the same in one way, instead of keeping it pending indefinitely. Nevertheless, if a directions issued to the respondents to consider the petitioner's representation, after giving due opportunity to the obstructors, ends of justice would be secured.

3.In the light of the above observations, there shall be a direction to the 5th respondent herein to consider the petitioner's representation dated 12.08.2019 on its own merits and pass appropriate orders after conducting an enquiry and by giving due opportunity to the petitioner as well as the respondents 6 to 10 or anyother person involved in subject matter Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above observations, this criminal original petition is disposed of. No Costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar ssr/vkr To

1. The District Collector, Perambalur District, Perambalur.

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

3. The Revenue Divisional Officer, Revenue Divisional Office, Perambalur District.

4. The Tahsildar, Kunnam Taluk, Perambalur District.

5. The Sub Inspector of Police, Maruvathur Police Station, Maruvathur, Perambalur District.

6. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Udyakumar Advocate sr82748 +1 cc to Mr.R.Srinivasa Rao Advocate sr82673 W.P.No.24534 of 2019 aa04/11/2019