P.Anguthai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P(MD)Nos.5115 & 5116 of 2020 P.Anguthai ... Petitioner Vs.

1.The Superintendent of Police Theni District, Theni.

2.The Deputy Superintendent of Police Theni District.

3.The Inspector of Police Theni.

4.P.Muthumuniyandi 5.P.Jegatheesan 6.Pandi 7.Chittu 8.S.Sasikumar 9.M.Thamaraiselvi 10.M.Kamalam ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to provide adequate police protection to measure and demarcate the petitioner's property of house plot Nos.2, 3, 6, 7, 8 in S.No.353/2 situated in Oonchampatti Village, northern side of Sukkuvadanpatti Village, Theni Taluk, Theni District, based on the representation of the petitioner dated 26.02.2020 and 16.03.2020.

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For Petitioner : Mr.S.Ramasundarvijayraj for M/s.Veera Associates For Respondents 1 to 3 : Mr.Srinivasan, Government Advocate

O R D E R

By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2. Mr.Srinivasan, learned Government Advocate, takes notice for the respondents 1 to 3. Notice to the respondents 4 to 10 are dispensed with, as no adverse order is going to be passed against them.

3.The petitioner would submit that the petitioner and her husband are the owner of the lands in Plot Nos.2,3,6,7 and 8 in Survey No.353 /2 with individual Patta Nos.5194 and 5195 and her husband purchased the land in Survey Nos.353/1 and 353/2 from the fourth respondent, by way of sale deed, dated 19.11.1997. 4.According to the petitioner, the respondents 4 to 6 with the help of other respondents removed and damaged the boundary stone fixed in their land and threatened her not to enter into the land, for which, the petitioner made an request to the Revenue Officials to survey the land and to ascertain the boundaries of her lands, for which the respondents have threatened her. Therefore, the petitioner has given representation to the respondents 1 to 3, dated 26.02.2020 to provide police protection, but there is no response on the side of the respondents. Again on 16.03.2020, the petitioner made another representation to the respondents and since the same was also not considered so far, the petitioner is before this Court.

5. Learned counsel for the petitioner has submitted that though the petitioner has sought for a larger relief, the petitioner has, however restricted her relief to the extent of consideration of the representation, dated 16.03.2020 submitted by the petitioner with the time frame to be fixed by this Court.

6. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the respondents 1 to 3 to consider the representation of the petitioner, dated 16.03.2020 and pass appropriate orders, on its own merit and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 2/3

7. The writ petition is disposed of as above. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Theni District, Theni.

2.The Deputy Superintendent of Police Theni District.

3.The Inspector of Police Theni.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-21048[F] dated 04/11/2020 ) 03.11.2020 CK(CO) NR (18/11/2020) 3P : 5C 3/3