Kannan. Kv v. The Block Development Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.3761 of 2024 K.V.Kannan ... Petitioner /vs./ 1.The Block Development Officer, Block Development Office, Mrs.Arimalam, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Thirumayam, Pudukkottai District, Pudukkottai.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

4.The Inspector of Police, K.Puthupatti Police Station, 5.Vellaiyan @ Velu ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 3 and 4 to provide adequate Police Protection for laying the Cement Concrete Road in Survey Nos. 112/8 and 101/22 situated at Nallambalsamuthiram Panchayat, Arimalam Union, Thirumayam Taluk, Pudukkottai District, by considering the Petitioner's representation dated 08.12.2023.

For Petitioner : Mr.E.Balasubramanian For R1 to R4 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submits that the Petitioner is the President of Nallambalsamuthiram Panchayat. He had filed this Writ Petition seeking direction against the Respondents 3 and 4 to provide police protection for laying the Cement Concrete Road in S.Nos.112/8 and 101/22 at Nallambalsamuthiram Panchayat, Arimalam Union, Thirumayam Taluk, 2/5

2.The learned Additional Public Prosecutor, on instructions of the Respondents 1 to 4, would submit that the Petitioner before proceeding with the laying of the cement concrete road shall measure the cart track with the help of revenue records after due notice to the second Respondent/the Tahsildar as Executive Magistrate as well as the Revenue Authority and survey the lands under the Tamil Nadu Survey and Boundaries Act, 1923. Only after survey, the Petitioner will be permitted to lay the concrete road. The second Respondent as Executive Magistrate is within his/her right to seek police protection. If the Tahsildar and the first Respondent/Block Development Officer, Pudukkottai seek police protection, the Respondents 3 and 4 shall grant the police protection. With the above directions, the Writ Petition is disposed of. No costs. 20.02.2024 Index : Yes / No Internet : Yes / No mm 3/5

TO:

1.The Block Development Officer, Block Development Office, Mrs.Arimalam, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Thirumayam, Pudukkottai District, Pudukkottai.

3.The Superintendent of Police, Pudukkottai District, Pudukkottai.

4.The Inspector of Police, K.Puthupatti Police Station, 4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm Order made in W.P.(MD)No.3761 of 2024 Dated:

20.02.2024 5/5