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Madras High CourtWP/34440/2019closed

Ultra Readymix Concrete Pvt Ltd v. The Superintend Of Police (Rural),

2021-09-03Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.34440 of 2019 And W.M.P.No.35115 of 2019 Ultra Readymix Concrete Pvt Ltd., Represented by its Chief Executive Officer, K.R.Ananthkumar ... Petitioner Vs.

1. The Superintendent of Police (Rual), State Bank Road, Coimbatore - 641 018.

2. The Inspector of Police, Chettipalayam Police Station, Chettipalayam - Palladam Road, Chettipalayam, Coimbatore - 641 201.

3.A.Kuppusamy 4.S.Palanisamy ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 herein to provide police protection to the petitioner herein to enable them to commence quarrying operation and carrying away / transport minor minerals (Rough stone and Gravel) from the leasehold lands comprised in Survey No.320 Part measuring 1.86.0 Hec. out of 6.36.0 Hec. and Survey No.332/2A measuring an extent of 1.21.40 Hec. out of 1.21.50 Hec. situated at Oratukuppai Village, Mathukarai Taluk, Coimbatore District pursuant to the quarry lease granted by District Collector, Coimbatore in its proceedings in Na.Ka.No.1129/Minerals/2017 dated 22.12.2018 and the Agreement between the District Collector, Coimbatore and the petitioner in Appendix IV - Form of Agreement for quarrying and carrying away Minor Minerals (Rough stone and Gravel) from Ryotwari lands in which the Minerals belong to the Government dated 22.12.2018 registered on

02.01.2019 as Doct.No.6/2019 in the Office of the Sub-Registrar, Kinathukkadavu by acting on the complaint / representation of the petitioner herein dated 13.11.2019 submitted with the respondents herein and registered by 2nd respondent herein as C.C.No.283 of 2019 dated 15.11.2019.

For Petitioner : Mr.V.P.Sengottuvel For Respondents : Mr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondents 1 and 2 herein to provide police protection to the petitioner to enable them to commence quarrying operation and carrying away / transport minor minerals (Rough stone and Gravel) from the leasehold lands comprised in Survey No.320 Part measuring 1.86.0 Hec. out of 6.36.0 Hec. and Survey No.332/2A measuring an extent of 1.21.40 Hec. out of 1.21.50 Hec. situated at Oratukuppai Village, Mathukarai Taluk, Coimbatore District pursuant to the quarry lease granted by District Collector, Coimbatore in its proceedings in Na.Ka.No.1129/Minerals/2017 dated 22.12.

2018 and the Agreement between the District Collector, Coimbatore and the petitioner in Appendix IV - Form of Agreement for quarrying and carrying away Minor Minerals (Rough stone and Gravel) from Ryotwari lands in which the Minerals belong to the Government dated 22.12.2018 registered on 02.01.2019 as Doct.No.6/2019 in the Office of the Sub-Registrar, Kinathukkadavu by acting on the complaint / representation of the petitioner herein dated 13.11.2019 submitted with the respondents herein and registered by 2nd respondent herein as C.C.No.283 of 2019 dated 15.11.2019. 2.The learned counsel appearing for the petitioner submitted that initially police protection was given to the petitioner and subsequently, after the issue was solved, the police protection was withdrawn.

Hence, this Court may close this writ petition with liberty to the petitioner to file appropriate petition as and when necessity arises.

3.In view of the above, this writ petition is closed with liberty to the petitioner to file appropriate petition as and when necessity arises. It is open to the law enforcing agency to review the police protection, if any threat is in

subsistence. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar pri To

1. The Superintendent of Police (Rural), State Bank Road, Coimbatore - 641 018.

2. The Inspector of Police, Chettipalayam Police Station, Chettipalayam - Palladam Road, Chettipalayam, Coimbatore - 641 201.

W.P.No.34440 of 2019 And W.M.P.No.35115 of 2019 PA (CO) K.RK. (27.09.2021)