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Madras High CourtWP(MD)/5100/2022disposed of

Selvaraj v. The Superintendent Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P(MD).No.5100 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD).No.5100 of 2022 Selvaraj

...Petitioner

Vs.

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

3. Silamban

4. Karuppasamy

5. Thangarasu

6. Ramesh

7. Neelamegam

8. Natarajan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to give adequate police protection to the petitioner for removal of the Seemai Karuvel Trees in Survey Nos.138/1 and 138/2 at Mangaraipettai Village, Musiri Taluk, Trichy District on the basis of the his representation dated 12.03.2022.

For Petitioner : Mr.K.Arunraj For R1 and R2 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) For R3 to R8 : Mr.R.Senthil Kumar

ORDER

The writ petition has been filed in the nature of Mandamus, seeking direction to the second respondent to give adequate police protection to the petitioner for removing 'Seemai Karuvel Trees' in S.Nos.138/1 and 138/2 at Mangaraipettai Village, Musiri Taluk, Trichy District, on the basis of the petitioner's representation. 2.The petitioner seeks police protection on the basis of the order passed by the Civil Court in I.A.No.155/2017 in O.S.No.212/2017, thereby directed the petitioner to lodge a complaint seeking protection to remove the Semmai Karuvel Trees https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.5100 of 2022 and on receipt of the same, the second respondent was directed to give police protection at the time of removal of Seemai Karuvel Trees in the suit properties.

3.However, the learned Counsel appearing for the respondents 3 to 8 stated that the petitioner is now attempting to remove Seemai Karuvel Trees in the land belongs to the respondents 3 to 8. 4.In view of the above, the second respondent is directed to issue notice to the petitioner and the respondents 3 to 8, conduct enquiry and after giving opportunity of hearing them, pass orders as directed by the Civil Court, within a period of two weeks from the date of receipt of a copy of the order.

5.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (C.O.) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-21634[F] dated 27/04/2022 ) W.P(MD).No.5100 of 2022 26.04.2022 USK/18.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2