M/S.S.S.V Blue Metals v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P. No. 33199 of 2022 M/s.S.S.V.Blue Metals, S.F.No.359, 367/1A, 367/1B, Mugalur Village, Hosur Taluk, Krishnagiri District.
... Petitioner Vs.
1. The District Collector, Krishnagir.
2. The Superintendent of Police, Krishnagiri.
3. The Sub Collector/ Revenue Divisional Officer, Hosur Taluk, Krishnagiri.
4. The Tahsildar, Hosur Taluk, Krishnagiri.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner through the Crusher Owners Federation, Hosur dated 19.04.2022 and take necessary steps to prohibit the villagers from blocking the roads leading to and out of the crushing units and ensure smooth travel of the petitioner's vehicle carrying their goods. For Petitioner : Mr.N.R.Elango Senior Advocate For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
The Writ Petition has been filed to direct the 2nd respondent to consider the representation of the petitioner through the Crusher Owners Federation, Hosur dated 19.04.2022 and take necessary steps to prohibit the villagers from blocking the roads leading to and out of the crushing units and ensure smooth travel of the petitioner's vehicle carrying their goods.
2. The learned counsel for the petitioner submitted that the petitioner was given permission by the District Collector, Krishnagiri in proceedings dated 18.07.2019 for the purpose of storing / processing / consuming of
M.Sand in their rough stone unit located at Survey Nos.259, 360/1, 360/2, 360/3, 367/1A & 367/1B over an extent of 2.35.50 hectares in Mugalur Village Hosur Taluk, Krishnagiri District. However, the members of the Kothagiri Village restrained all the vehicles of the petitioner's crushing unit and started attacking the windscreens of the vehicle and thereby breaking it and also injured the employees. On the basis of the complaint given, FIR was registered in Crime No.266 of 2022 on 15.10.2022 on the file of the Denkanikottai Police Station for the alleged offences under Sections 147, 148, 341, 294(b), 323, 24, 50692) of IPC, 1860 and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 992.
The members of the Villagers have prevented the petitioner from doing their lawful business and hence, a representation was given to the District Collector, Krishnagiri on 19.04.2022. This petition is filed to issue a direction to the 2nd respondent to consider the representation of the petitioner through the Crusher Owners Federation, Hosur dated 19.04.2022 and take necessary steps to prohibit the villagers from blocking the roads leading to and out of the crushing units and ensure smooth travel of the petitioner's vehicle carrying their goods.
3. The learned Government Advocate (Crl.Side) submitted that, it is true that the FIR in Crime No. 266 of 2022 was registered against the individuals and the case is pending for investigation.
4. Considering the rival submissions, it is seen that the petitioner was given permission by the District Collector, Krishnagiri in proceedings dated 18.07.2019 for the purpose of storing / processing / consuming of M.Sand in their rough stone unit located at Survey Nos.259, 360/1, 360/2, 360/3, 367/1A & 367/1B over an extent of 2.35.50 hectares in Mugalur Village Hosur Taluk, Krishnagiri District and it is also seen from the records that the villagers prevented the petitioner from doing their lawful business and hence, a representation was given to the District Collector, Krishnagiri on 19.04.2022.
5. In the light of the above, the first respondent is directed to consider the petitioner's representation and take necessary steps to prohibit the villagers from disturbing the petitioner in doing his lawful business.
6. With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 09.12.2022 Index :Yes/No Internet:Yes/No Sma To
1. The District Collector, Krishnagir.
2. The Superintendent of Police, Krishnagiri.
3. The Sub Collector/ Revenue Divisional Officer, Hosur Taluk, Krishnagiri.
4. The Tahsildar, Hosur Taluk, Krishnagiri.
G.CHANDRASEKHARAN, J.
Sma W.P. No.33199 of 2022 and W.M.P.No.32597 of 2022 09.12.2022