M.Gopalakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Gopalakrishnan
...Petitioner
vs.
1.The District Collector, O/o the District Collector, Erode.
2.The Executive Officer, Karumandisellipalayam Town Panchayat, Perundurai Taluk, Erode District.
3.The Superintendent of Police, Erode District.
4.The Deputy Superintendent of Police, Perundurai Taluk, Erode District.
5.The Inspector of Police, Perundurai Police Station, Erode District.
6.T.C.Muthusamy
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing respondents 3 to 5 1/5
to provide adequate police protection to the petitioner/contractor for laying 'tar road' (namely Thiruvengidapalayam Pudur Burial Ground Road) in the property situated in S.No.457/1, Karumandichellipalayam Town Panchayat, Perundurai Taluk, Erode District based on the representation dated 09.8.2023 given by the second respondent. For Petitioner : Mr.P.Dinesh Kumar For Respondents 1 to 5 : Mr.A.Damodaran, Additional Public Prosecutor *****
O R D E R
This writ petition has been filed for a direction to the respondent to provide police protection to the petitioner based on the representation dated 09.08.2023, to enable the petitioner to lay the Tar Road, pursuant to the contract that was given in favour of the petitioner on 07.02.223 by the Karumandichellipalayam Town Panchayat. 2.
Heard Mr.P.Dinesh Kumar, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondents.
2/5
3.
The 2nd respondent had called for a tender for allotting contract to lay a tar rod and the petitioner was the successful bidder and the contract was awarded in favour of the petitioner on 07.02.2023. The contract pertains to laying a tar road in the property situated at Survey No.457 /1, Karumandichellipalayam Town Panchayat, Perundurai Taluk, Erode District. There was continuous disruption and the petitioner was prevented from laying the tar road and hence, the Special Officer by communication dated 09.08.2023, requested the 5th respondent to provide for police protection. Inspite of the same, no police protection was given. The representation made by the petitioner also did not evoke any response. Hence, the present writ petition has been filed before this Court.
4.
Taking into consideration the facts and circumstances of the case, there shall be a direction to the petitioner to give a fresh complaint to the 5th respondent seeking for police protection and on receipt of the same, the 5th respondent shall provide police protection to enable the petitioner to complete the work of laying the Tar road. 3/5
5.
This writ petition is disposed of accordingly. No costs. 14.09.2023 Index : Yes/No Speaking order:Yes/No rka To 1.The District Collector, Erode.
2.The Executive Officer, Karumandisellipalayam Town Panchayat, Perundurai Taluk, Erode District.
3.The Superintendent of Police, Erode District.
4.The Deputy Superintendent of Police, Perundurai Taluk, Erode District.
5.The Inspector of Police, Perundurai Police Station, Erode District.
6.The Public Prosecutor, High Court, Madras.
4/5
N.ANAND VENKATESH, J rka 14.09.2023 5/5