Majeepabegum v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD)Nos.3127 and 3128 of 2020 Majeepabegum .. Petitioner Vs.

1.The District Collector, Pudukottai, Pudukottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukottai District.

3.The Inspector of Police, Karur Police Station, Avudayarkovil Taluk, Pudukottai District.

4.Rajendran 5.Marimuthu .. Respondents 1/6_________

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating with the order of the 2nd respondent made in Na.Ka.A2/188/2020 dated 03.02.2020 and quash the same as illegal and in consequence directing the 2nd respondent to give suitable instructions to the 3rd respondent to give adequate police protection to the petitioner for enjoying her properties in Survey No.113/1,2,3,7,9,10 and 11 to an extent of 4.65.0 Hectares situated in Kalapam Village, Avudayarkovil Taluk, Aranthangi Division, Pudukottai District. For Petitioner :

Mr.R.Surianarayanan For R1&R2 :

Mr.T.Amjadkhan Government Advocate For R3 :

Mr.M.Vaikkam Karunanithi Govt. Advocate For R4& R5 :

Mr.R.P.Ramachandran

ORDER

This Writ Petition has been filed challenging the impugned order of the second respondent dated 03.02.2020 in Na.Ka.A2/188/2020 and quash the same as illegal and consequently to direct the second respondent to give suitable instructions to the third respondent to give adequate police protection to the petitioner for enjoying her properties in 2/6_________

Survey No.113/1,2,3,7,9,10 and 11 to an extent of 4.65.0 Hectares, situated in Kalapam Village, Avudayarkovil Taluk, Aranthangi Division, Pudukottai District.

2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth and fifth respondents. 3.It is rather shocking that despite the proof of ownership and the revenue records showing the petitioner as the owner of the land, the second respondent has permitted the villagers to remove the paddy which have been cultivated by the petitioner.

4.Pursuant to the order of this Court, the second respondent appeared before this Court and he has once again confirmed that the revenue records stand in the name of the petitioner. In this regard, the petitioner has produced all the documents and title before this Court. 3/6_________

5.In view of the above, this Writ Petition is allowed and the impugned order passed by the second respondent, dated 03.02.2020 in Na.Ka.A2/188/2020, is set aside. The third respondent is directed to give police protection to the petitioner as and when required for harvesting her paddy, which will be the subject to the ultimate result of the suit. It is a temporary relief. It is made clear that this is a temporary relief till such time as the suit is disposed off or till any interim order in favour of the villagers is issued by the Civil Court. No costs. Consequently, connected M.Ps are closed.

27.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes 4/6_________

To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ulaveethi Race Course Road, Madurai.

2.The Passport Seva Kendra No.13, South Bye Pass Road, Xavier Colony, Tirunelveli.

3.The Inspector of Police, Radhapuram Police Station, Radhapuram, Radhapuram Taluk, Tirunelveli District.

5/6_________

P.T.ASHA, J.

Ns and W.M.P(MD)Nos.3127 and 3128 of 2020 Dated: 27.03.2023 6/6_________