Madras High CourtWP(MD)/9041/2021disposed of

Arumugam.R v. State Rep. By

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

WP(MD)No.9041 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.9041 of 2021 and WMP(MD)No.11079 of 2021 R.Arumugam ... Petitioner vs.

1.State, rep.by The Superintendent of Police, Dindigul District, Dindigul.

2.The Executive Officer, Thadicombu Town Panchayat, Dindigul District.

3.Selvaraj 4.Pandi 5.Prabhu @ Kanni ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to provide the effective police protection to the petitioner and his family members and to remove the shed which is obstructing the petitioner's access to the house and shop in Sy.No.2568/24 in Thadicombu Village, Dindigul District.

For Petitioner : M/s.M.Maria Vinola For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent. 2.The grievance of the petitioner is that the private respondent herein put up a fish stall and thereby causing nuisance to him and also obstructing his pathway rights. To abate the said nuisance and obstruction, this writ petition has been filed. The petitioner has to necessarily invoke the jurisdiction of the jurisdictional executive magistrate under Section 133 of Cr.Pc. As https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.9041 of 2021 and when the petitioner files such a petition, the same will be taken up for consideration and after notice to the private respondents herein will be disposed of on merits and in accordance with law within a period of four weeks thereafter. 3.This writ petition is disposed of accordingly. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 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, DINDIGUL DISTRICT, DINDIGUL.

2.THE EXECUTIVE OFFICER, THADICOMBU TOWN PANCHAYAT, DINDIGUL DISTRICT.

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

+2 cc to Mr.M.MARIA VINOLA, Advocate, SR.No.39064 WP(MD)No.9041 of 2021 and WMP(MD)No.11079 of 2021 Date:15.12.2021 SA(16.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2