Mohamed Ibrahim A v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.10831 of 2025 A.Mohamed Ibrahim ... Petitioner vs.
1.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul.
2.The Inspector of Police Natham Police Station, Dindigul District.
3.The Executive Officer, Natham Town Panchayat, Dindigul District.
4.M.Ramar ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to instruct the 2nd respondent to consider the petitioner's representations, dated 06.03.2023 and 01.04.2025 and to provide adequate police protection for the petitioner's life and limb and also at the time of cleaning the garbage in the petitioner's land comprised in Patta No.2010, Natham S.No. Page No. 1 of 6
439/10D, Old S.No.360/3, Rayatwari land measuring an extent of 2500 Sq.ft. situated at Velampatti Village, Natham Taluk, Dindigul District. For petitioner :Mr.T.R.Subramanian For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) For R3 : Mr.Senthil Ayyanar, Government Advocate *****
O R D E R
This petition is filed by the petitioner to direct the first respondent to instruct the second respondent to consider the petitioner's representations, dated 06.03.2023 and 01.04.2025 and to provide adequate police protection for the petitioner's life and limb and also at the time of cleaning the garbage dumped in the petitioner's land comprised in Patta No.2010, Natham S.No.439/10D, Old S.No.360/3, Rayatwari land measuring an extent of 2500 Sq.ft. situated at Velampatti Village, Natham Taluk, Dindigul District.
2. The learned counsel for the petitioner would submit that the petitioner is the owner of the property in Natham S.No.439/10D, Old Page No. 2 of 6
S.No.360/3, Rayatwari land measuring an extent of 2500 Sq.ft. situated at Velampatti Village, Natham Taluk, Dindigul District. The third respondent issued a notice to the father of the petitioner on 28.09.2022 under Section 44 of Tamil Nadu Public Health Act and Section 233 of Tamil Nadu District Municipalities Act, to clean the garbage wastage in the abovesaid land. While so, when the petitioner was trying to clean the land and to put up fencing around the land, the fourth respondent caused disturbances and threatened and also prevented from cleaning the land. Therefore, he sent a representation for police protection to the second respondent on 06.03.2025 and thereafter, on 01.04.2025, but no action was taken. Hence, he filed this petition.
3. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 and 2 would submit that based on the petitioner's representation, they also issued summons to the fourth respondent and the enquiry is pending and they will conduct enquiry and take appropriate action in accordance with law.
4. The learned counsel for the third respondent would submit that the petitioner dumped the garbage waste in the land. Therefore, they Page No. 3 of 6
issued notice to the petitioner to clean the same.
5. Considering the prayer sought for in this petition, this Court, without issuing notice to the fourth respondent, is inclined to pass orders.
6. According to the petitioner, he is the owner of the said property and when the petitioner was trying to remove the garbage dumped into the said land, the fourth respondent caused disturbances and prevented from cleaning the land. Therefore, he sent a representation for police protection to the second respondent, but the same was not considered. According to the second respondent, they received the representation of the petitioner and the same is under enquiry and also they issued summons to the fourth respondent. After enquiry, they will take appropriate action in accordance with law.
7. Considering the prayer sought for in this petition and the representation of the petitioner is also pending for enquiry with the second respondent, this Court directs the second respondent to consider the representation of the petitioner and take appropriate action in accordance with law after affording opportunity to both the parties within a period of Page No. 4 of 6
15 days from the date of this order.
8. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.
21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul.
2.The Inspector of Police Natham Police Station, Dindigul District.
3.The Executive Officer, Natham Town Panchayat, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.10831 of 2025 21.04.2025 Page No. 6 of 6