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Madras High CourtWP(MD)/6850/2020disposed of

Karpagam v. The District Collector,

2020-07-14Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN Karpagam ... Petitioner Vs.

1.The District Collector, Tenaksi District, Tenkasi.

2.The Tahsildar, Sivagiri Taluk, 3.The Inspector of Police, Sivagiri Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3rd respondent to provide adequate protection to the petitioner's construction work in Survey No.327/26, situated at Duraisamiyapuram Village, Thenmalai Part-II, Sivagiri Taluk, Tenkasi District, based on her representation, dated 25.05.2020 and 02.06.2020. For Petitioner : Mr.M.Ramu For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the 3rd respondent to provide adequate protection to the petitioner's construction work in Survey No.327/26, situated at Duraisamiyapuram Village, Thenmalai Part-II, Sivagiri Taluk, Tenkasi District, based on her representations, dated 25.05.2020 and 02.06.2020.

2. The case of the petitioner is that the petitioner and her husband are the poor coolie workers. In earlier, the 1st and 2nd respondents herein, after perusing the representation given by the petitioner, assigned a patta to the petitioner in Na.Ka.No.A1/.5259/2019 on 31.01.2020, in which, a housesite was allotted to the petitioner, to the extent of 119 Sq.m., which

situated at Natham Survey No.327/26 at Duraisamiyapuram, Thenmalai Part-II Village, Sivagiri Taluk, Tenkasi Distrrict. After issuing assignment patta, when at the time the petitioner started the construction work, some village people are obstructing and threatening the petitioner as not to construct the house. The village people are giving life threat to the petitioner and her husband. Ultimately, the petitioner preferred a representation on 25.05.2020 before the 3rd respondent. On such circumstances, it is just and necessary to direct the 3rd respondent to provide adequate protection.

3. The learned counsel appearing for the petitioner would further submit that the petitioner being the poor lady without any protection from the 3rd respondent, she was unable to construct the house in the housesite, which was assigned by the first respondent.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that for the inconvenience caused by the 3rd parties, a case has been registered against them in Crime No.170 of 2020, under Sections 147 and 294(b) of IPC., and Section 4 of Women Harassment Act. He would further submit that the 3rd respondent is ready to provide adequate protection to the petitioner, if necessary. The submissions made by the learned Additional Public Prosecutor is recorded.

5. Upon considering the argument advanced by either sides, since suitable action was initiated against village people and also considering the undertaking given by the learned Additional Public Prosecutor, no further orders is necessary in this petition. Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK To 1.The District Collector, Tenaksi District, Tenkasi.

2.The Tahsildar, Sivagiri Taluk,

3.The Inspector of Police, Sivagiri Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

14.07.2020 KK(27.07.2020) 3P 5C