K.Sittammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL K.Sittammal ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Dindigul West Taluk, 3.The Superintendent of Police, 4.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

5.M.Durairaj 6.M.Ponnaiah ... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 to provide adequate police protection for the life and limb of the petitioner and his family members to enable the petitioner to live in his house and move anywhere from the petitioner's hometown based on his representation, dated 27.01.2025 and for other reliefs and pass such further or other orders as this Court.

For Petitioner : Mr.V.Muthusamundeeswaran For R-1 & R-2 : Mr.M.Senthil Ayyanar Government Advocate (Civil Side) For R-3 & R-4 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the respondents 1 to 4 to provide adequate police protection for the life and limb of the petitioner and her family members to enable the petitioner to live in her house and move anywhere from the petitioner's hometown based on her representation, dated 27.01.2025 and for other reliefs. 2/6

2. According to the petitioner, she is the owner of the lands situated at Kamatchipuram, Navamarathupatti Village and she constructed the house in the year 1999 and reside thereon. While so, on 20.01.2025, the private respondents came to the house of the petitioner and also attempted to demolish the construction. Therefore, she made a representation before the respondents 1 to 4 on 27.01.2025 for police protection and the same has not been considered by them. Hence, the present writ petition.

3. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the petitioner encroached the property of the Government poromboke and constructed the house. Therefore, they have to take steps to remove the encroachment.

4. The learned Additional Public Prosecutor appearing for the respondents 3 and 4 would submit that they have received the representation of the petitioner and they issued a summons to appear before the fourth respondent on 05.02.2025 and they will complete the enquiry within a period of one week and will dispose of the representation of the petitioner. 3/6

5. Considering the limited scope of the prayer sought for in this petition, this Court dispensed with the serving of notice to the private respondents.

6. Considering the submissions made by the learned Additional Public Prosecutor appearing for the respondents 3 and 4, it is appropriate to direct the fourth respondent to consider and dispose the representation of the petitioner, dated 27.01.2025 in accordance with law on merits, within a period of 15 days from the date of receipt of a copy of this order. Accordingly, ordered.

7. With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

04.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The District Collector, 4/6

2.The Tahsildar, Dindigul West Taluk, 3.The Superintendent of Police, 4.The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

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P.DHANABAL, J.

BTR 04.02.2025 6/6