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Madras High CourtWP(MD)/5276/2025disposed of

K.Tamilselvan v. The Superintendent Of Police

2025-02-26Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM

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

1.The Superintendent of Police, Dindigul District.

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

3.The Assistant Engineer, Highways Department, Construction & Maintenance, Natham, Dindigul District.

4.Raman Samiyadi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to give police protection for removal of encroachment in Highways based on the representation given by the second respondent 1/5

on 22.01.2025 within the time stipulated by this Court and pass such further or other orders as this Court.

For Petitioner : Mr.P.Muthusaravanan For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-3 : Mr.M.Senthil Ayyanar Government Advocate

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the second respondent to give police protection for removal of encroachment in Highways based on the representation given by the second respondent on 22.01.2025.

2. According to the petitioner, the petitioner is residing at S.No. 306/13 at Velampatty Village, Natham Taluk, Dindigul District and in front of the house, the fourth respondent encroached the highways and thereby, the petitioner sent a representation to the fourth respondent to remove the encroachment on 26.11.2024 and the same was forwarded to the Tahsildar, Natham and the Village Administrative Officer also 2/5

surveyed the land and confirmed the encroachment. Therefore, the third respondent sent a representation to the second respondent on 22.01.2025 to give police protection to remove the encroachment. But the same has not been considered. Hence, the petitioner filed this petition.

3. The learned Government Advocate appearing for the third respondent would submit that already they issued proceedings to the second respondent by confirming the encroachment and to give police protection at the time of removing the encroachment.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the representation of the petitioner is under consideration and the enquiry is pending and they will complete the enquiry within 15 days and act in accordance with law.

5. Since the prayer of the petitioner is to consider the representation and the second respondent also assured to complete the enquiry on the representation of the petitioner within 15 days, this Court recording the above said submissions of the learned Additional Public 3/5

Prosecutor appearing for the respondents 1 and 2 directs the second respondent to complete the enquiry in accordance with law, within 15 days from the date of this order.

6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. 26.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Dindigul District.

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

3.The Assistant Engineer, Highways Department, Construction & Maintenance, Natham, Dindigul District.

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P.DHANABAL, J.

BTR 26.02.2025 5/5