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Madras High CourtWP(MD)/5735/2025disposed of

Allidurai v. The State

2025-03-04Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Allidurai ... Petitioner Vs

1. The State, Rep. by the Superintendent of Police, Tirunelveli District.

2. The President, Achampatti Village Panchayat, Manur Panchayat Union, Tirunelveli District.

3. The State, Rep. by the Inspector of Police, Manur Police Station, Tirunelveli District.

4. The State, Rep. by the Sub Inspector of Police, Devarkulam Police Station, Tirunelveli District.

5. The Regional Manager, JSW Renew Energy Two Ltd., No.9/1, 7th Floor, Main Road, Perumalpuram, Tirunelveli District.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3rd and 4th respondents are not to interfere in the formation of metal road at Mangammal Salai in Acampatti Panchayat as per the order of the District Collector, Tirunelveli dated 31.05.2024 by considering the petitioners complaint dated 20.02.2025 in CSR No. 104 of 2025 and the representation sent by the 2nd respondent dated 22.02.2025 within the time limit fixed by this Court.

For Petitioner : Mr.S.Vishnuvardhan For R1, R3 & R4 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.M.Muthumanikkam Government Advocate For R5 : Mr.N.Dilip Kumar

O R D E R

This Writ Petition has been filed seeking a direction to the third and fourth respondents are not to interfere in the formation of metal road at Mangammal Salai in Acampatti Panchayat as per the order of the District Collector, Tirunelveli dated 31.05.2024 by considering the 2/6

petitioner's complaint dated 20.02.2025 in CSR No. 104 of 2025 and the representation sent by the second respondent dated 22.02.2025. 2.According to the petitioner, he is doing contract works. He is a registered contractor and obtained certificate from the concerned authorities. He obtained contract for laying road in S.No.778 and 829/1, situated at Achampatti Village, Manur Taluk. The petitioner started to lay road on the basis of the proceedings issued by the District Collector, Tirunelveli, on 31.02.2024. However, the respondents 3 and 4 illegally interfering with the works in support of the fifth respondent and preventing the petitioner from carrying out the construction work. The fifth respondent has no role in the formation of public road. However, he also interfering with the project with the help of the respondents 3 and 4.

Therefore, he lodged a complaint before the respondent police, for which, C.S.R.No.104 of 2025, dated 20.02.2025 was assigned, but the same has not been considered. Hence this petition. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the petitioner's complaint, C.S.R.No.104 of 2025, dated 20.02.

fifth respondent's complaint C.S.R.No.106 of 2025 was assigned and both the petitions are under enquiry and the respondent police have not interfered with the formation of road as alleged by the petitioner and only for enquiry purpose, they called the petitioner. He would further submit that the enquiry in both the complaints will be conducted and disposed of within a period of one week.

4.The learned Counsel for the fifth respondent would submit that the fifth respondent is doing erection of wind mills in and around Tirunelveli District. While so, when they attempted to take the things for formation of wind mills through this road, the petitioner wantonly restrained the fifth respondent by dumping stones on the road, demanded money and thereby, he lodged a complaint against the petitioner, for which, C.S.R.No.106 of 2025 was assigned. The petitioner also lodged a false complaint against the fifth respondent and in the mean time, he filed this petition.

5.Considering the limited scope of the prayer sought for in this petition and also considering that both the complaints are pending before the third respondent, he is directed to complete the enquiry within a 4/6

period of one week in accordance with law.

6.With the above direction, this Writ Petition is disposed of. 04.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The State, Rep. by the Superintendent of Police, Tirunelveli District.

2. The President, Achampatti Village Panchayat, Manur Panchayat Union, Tirunelveli District.

3. The State, Rep. by the Inspector of Police, Manur Police Station, Tirunelveli District.

4. The State, Rep. by the Sub Inspector of Police, Devarkulam Police Station, Tirunelveli District.

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

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P.DHANABAL , J.

LR 04.03.2025 6/6