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Madras High CourtWP(MD)/9264/2023disposed of

Mani v. The District Collector

2024-11-07Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.13635 of 2023 Mani ... Petitioner Vs.

1. The District Collector, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram.

3. The Tahsildar, Rajasingamangalam Taluk, Ramanathapuram District.

4. The Superintendent of Police, Ramanthapuram District.

5. The Inspector of Police, Rajasingamangalam Police Station, Ramanathapuram District.

... Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus, to direct the respondents 4 and 5 to give adequate police protection to fence and to construct a compound wall around the subject property in survey No.199/5A measuring 0.14.10 Hectares, Rajasingamangalam Village, Ramanathapuram District. For Petitioner :

Mr.J.Barathan For Respondents :

Mr.B.Thanga Aravindh Government Advocate (crl. Side)

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the fourth and fifth respondent to give police protection to the petitioner to enable the petitioner to fence the property and construct the compound wall.

2. Heard the learned Counsel on either side and perused the materials placed on record.

3. Considering the nature of grievance expressed by the petitioner, it is left open to the petitioner to make a fresh complaint/representation 2/5

before the fifth respondent. The fifth respondent shall conduct an enquiry by calling all the necessary/interested parties. If ultimately there is a rival claim made, the fifth respondent shall direct the parties to workout their remedy before the Civil Court. On the other hand, if some persons are attempting to prevent the petitioner from fencing the property without any right or title, the fifth respondent shall take a decision with respect to providing police protection to the petitioner. The decision shall be taken by the fifth respondent within a period of four weeks from the date of receipt of the complaint/representation from the petitioner.

4. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 07.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No jbr 3/5

To

1. The District Collector, Ramanathapuram District.

2. The Revenue Divisional Officer, Ramanathapuram.

3. The Tahsildar, Rajasingamangalam Taluk, Ramanathapuram District.

4. The Superintendent of Police, Ramanthapuram District.

5. The Inspector of Police, Rajasingamangalam Police Station, Ramanathapuram District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

N.ANAND VENKATESH,J.

jbr Order made in 07.11.2024 5/5