Madras High CourtWP(MD)/4018/2024closed

Vivekanandan v. The Superintendent Of Police

2024-02-22Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.4018 of 2024 Vivekanandan ... Petitioner /vs./ 1.The Superintendent of Police Superintendent of Police Office, Dindigul.

2.The Inspector of Police Vadamadurai Police Station, Dindigul District.

3. Arulkumaran.K ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 and 2 to give adequate police protection to the petitioner in removing his machineries from the third respondent illegal minerals production plant "Tvt. Palaniandavar Grit" situated at Kollapatti Village, Vedasandur Taluk , Dindigul District, in S.F.No.179/3B 179/4 and 192/3 to an extent of 1/6

1.79.0 hects of land without any hindrance and to take necessary action in accordance with law by considering the representation of the petitioner dated 08.02.2024.

For Petitioner : Ms.P.Yasmin Begum For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The learned counsel for the Petitioner submits that the Petitioner had filed this Writ Petition seeking a Writ of Mandamus against the respondents 1 to 3.

2. It is the submission of the learned counsel for the Petitioner that the Petitioner had been handed over machineries to the third Respondent, who is running a business, by name, "Tvt. Palaniandavar Grit" at Kollapatti Village, Vedasandur Taluk , Dindigul District. After handing over, the Petitioner came to know that the machineries had not been used for manufacturing M-Sand, but, it had been used for ilegal purposes of Mining. Therefore, the Petitioner wanted his machineries back and hence, the third Respondent alleged to have threatening. Therefore, 2/6

he was forced to file a complaint with the second Respondent. Even after the complaint was given to the second Respondent, the second Respondent had not acted upon. Therefore, the Petitioner was forced to file this Writ Petition, seeking police protection for removal of the machineries from the custody of the third Respondent.

3. The learned Government Advocate (criminal side) on instructions of the Respondent Police submits that the second Respondent received a complaint from the Petitioner. Based on the complaint, the second Respondent had issued C.No.G3/457/3015/24 and summoned to the Petitioner and the third respondent and fixed the date for hearing the Petitioner and the third Respondent on 24.02.2024,

4. Considering the submissions of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side) on behalf of the Respondents 1 and 2, the second Respondent is directed to issue summons to the Petitioner as well as the third Respondent, by fixing date and time for the appearance of the parties before the second Respondent, 3/6

ie. on 24.02.2024. The Petitioner as the Citizen of this Country shall co-operate with the pending enquiry / investigation.

5. With the above directions, this Petition is closed. No costs. 22.02.2024 Index : Yes / No Internet : Yes / No NCC : Yes/ No LS 4/6

TO:

1.The Superintendent of Police Superintendent of Police Office, Dindigul.

2.The Inspector of Police Vadamadurai Police Station, Dindigul District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LS W.P.(MD)No.4018 of 2024 22.02.2024 6/6