Punjai Thottakurichi Town Panchayat v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY Punjai Thottakurichi Town Panchayat, Represented by its Chairman S.Ruba.

... Petitioner Vs 1.The Superintendent of Police, Office of Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Velayuthampalayam Police Station, Velayuthampalayam Karur District.

3.M.Senthil Porkumaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to provide necessary and adequate police protection to the petitioner / petitioner's officials / representatives for constructing the overhead water tank in the Government land in survey no. 69/A1D, situated at Punjai Thottakurichi Village, Pugalur Taluk, Karur District by 1/5

considering the representation preferred by the executive officer of the petitioner's Panchayat, dated 06.01.2024 within a time stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For R1 & R2 : Mr.M.Muthumanikkam Government Advocate(Crl.Side)

O R D E R

This Writ Petition is filed seeking a direction to the 1st and 2nd respondents to provide necessary and adequate police protection to the petitioner for constructing the overhead water tank.

2. The petitioner has submitted a representation, dated 06.01.2024 to direct the respondents to provide police protection for constructing the overhead water tank in Survey No.69/A1D, since the third respondent is restraining the petitioner from putting up any construction. However, the same was not considered. Hence, this writ petition came to be filed.

3. The third respondent has already filed a writ petition in W.P(MD)No.8343 of 2024 before this Court seeking a writ of mandamus 2/5

forbearing the Town Panchayat from putting up any construction, since it has blocked his pathway. The said writ petition was dismissed on 02.04.2024 with a specific finding that the 3rd respondent is already having an alternative pathway on the western side and the 3rd respondent has no right to restrain the petitioner Panchayat from putting up any construction.

4. Therefore, the respondents 1 and 2 are directed to consider the petitioner's representation, dated 06.01.2024 in the light of the order passed by this Court in W.P(MD)No.8343 of 2024, dated 02.04.2024 and pass appropriate orders within a period of two (2) weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

22.05.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No GBG 3/5

To 1.The Superintendent of Police, Office of Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Velayuthampalayam Police Station, Velayuthampalayam Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY , J.

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