Sivasankar.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.7269 of 2024 Sivasankar.P ... Petitioner /vs./ 1.The District Collector Thanjavur District, Thanjavur.

2.The Superintendent of Police Thanjavur.

3.The Inspector of Police Swamimalai, Thanjavur District.

4. Pannerselvam 5.Vimal 6.Mathiyazhagan 7.The Tahsildar, Kumbakonam.

... Respondents (R-7 is suo-moto impleaded vide order dated 27.03.2024 in W.P.(MD).No.7269 of 2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 2 and 3 to provide police protection for harvesting the paddy from the 1/5

Petitioner's land in S.F.No.176/5 an extent of 41 Ares 176/6 an extent of 43.5 Ares and 173/4A an extent of 25.5 Ares situated at Thiruppurambiyam Village, Kumbakonam Taluk, Thanjavur District on the basis of the Petitioner's representation, dated 02.03.2024, within the stipulated time fixed by this Court.

For Petitioner : Mr.R.Rajaraman For R1 to 3 & 7 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition, seeking a Writ of Mandamus, directing the Respondents 2 and 3 to provide police protection for harvesting the paddy from the Petitioner's land in S.F.No.176/5 an extent of 41 Ares 176/6 an extent of 43.5 Ares and 173/4A an extent of 25.5 Ares situated at Thiruppurambiyam Village, Kumbakonam Taluk, Thanjavur District

2. The learned Government Advocate (Criminal Side) appearing for the Respondent Police submits that the Respondent Police had not appeared, at the same time, he requests that the Revenue Authorities may be directed to conduct enquiry, after issuing summons to the private Respondents 4 to 6.

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3. Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), the Tahsildar, Kumbakonam is suo motu impleaded as 7th Respondent. The Respondents 2 and 3 are directed to issue summons to the Petitioner herein and the Respondents 4 to 6 to appear before the Tahsildar, Kumbakonam. The Tahsildar as Executive Magistrate, Kumbakonam, or the Deputy Tahsildar, also as Executive Magistrate during election time, shall conduct enquiry and pass orders, to provide police protection for harvesting the paddy, within one week from today, if the Petitioner is found to be holding proper documents regarding the claim of the Petitioner. If it is otherwise, the Tahsildar may pass orders directing any one to harvest the crops and pay necessary charges for the same in the Treasury, so that the crops are not wasted. In case, the Petitioner is granted the right to harvest the crops, the Petitioner has to pay necessary charges for police protection, as per the Circular of the Director General of Police / Head of State Police Force, Tamil Nadu.

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4. With the above directions, this Writ Petition is disposed of. No costs.

Index : Yes / No 27.03.2024 Internet : Yes / No NCC : Yes/ No LS Note:

Registry is directed to carryout necessary amendment in the cause title. Note: Issue order copy on 27.03.2024.

TO:

1.The District Collector Thanjavur District, Thanjavur.

2.The Superintendent of Police Thanjavur.

3.The Inspector of Police Swamimalai, Thanjavur District.

4. The Tahsildar, Kumbakonam.

5. 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.7269 of 2024 27.03.2024 5/5