Sridharan.P v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH P.Sridharan .. Petitioner Vs 1.The State of Tamil Nadu, Represented by the Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Navalpattu Police Station, Anna Nagar, Trichy.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to provide adequate police protection to survey and fix the boundary mark and also to carry out the necessary cleaning works in the petitioner's land in Patta No.955, dated 26.05.2011, admeasuring an extent of 25 Acres and 25 cents comprised in Survey Nos.122, 123, 124, subdivided into 122/1A, 122/1B, 122/2A, 122/2B, 122/2C, 123/1, 123/2, 123/3A, 123/3B, 123/3C, 123/3D, 123/3E, 123/3F, 123/3G, 123/3H, 123/3I, 123/3J, 123/3K, 123/3L, 123/3M, 123/3N, 123/3O, 123/3P, 123/3Q, 124/1, 124/2, 124/3, 124/4A, 124/4B, 124/4C, 124/5, 124/6, 124/7, 124/8, 124/9, 124/10, 124/11, 124/12, 124/13 and 124/14 situated at Velayuthangudi Village, Thiruverumbur Taluk, Trichirappalli District, based on the petitioner's complaint dated 25.04.2022 and also based on the judgment and decree in Inam C.M.A.No.3 / 2009 dated 29.01.2011, on the file of the learned Principal Sub-Judge, Trichy.
For Petitioner : Mr.Singaravelan Senior Counsel for Mr.D.Selvanayagam For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side)
ORDER
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to provide police protection was not considered by the respondents police, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 25.04.2022, which is still pending.
3. It is needless to point out that whenever a 1/3
representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, it would be appropriate to direct the second respondent herein to consider the petitioner's representation, dated 25.04.2022, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits. 5.Accordingly, there shall be a direction to the second respondent to consider the petitioner's representation, dated 25.04.2022, on its own merits and pass appropriate orders in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) trp Note:In view of the present lock down owing to COVID19 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, the State of Tamil Nadu, Trichy District, Trichy.
2/3
2.The Inspector of Police, Navalpattu Police Station, Anna Nagar, Trichy.
+1 CC to M/s.D. SELVANAYAGAM, Advocate ( SR-23573[F] dated 09/05/2022 ) 06.05.2022 SS(CO) KB(16.05.2022) 3P 4C 3/3