National Textile Corporation Limited v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025 CORAM :
THE HON'BLE MR.JUSTICE P.DHANABAL National Textile Corporation Ltd., rep. by its Manager, Kaleeshwari Mills B Unit, Kalaiyarkovil, Sivagangai District.
... Petitioner Vs
1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
2. The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.
3. R.Veerasamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to provide police protection to the petitioner herein for the purpose of fencing the property in Survey No. 81/1C, 81/4B, 81/5B, 82/1B, 83/1A1B Kalaiyarkovil Taluk, Sivagangai District. For Petitioner : Mr.K.R.Laxman For Respondents : Mr.R.M.Anbunithi (R1,R2) Additional Public Prosecutor Mr.S.Senthil Kumar (R3) 1/5
O R D E R
This Writ Petition has been filed to direct the respondents to provide police protection to the petitioner herein for the purpose of fencing the property in Survey No. 81/1C, 81/4B, 81/5B, 82/1B, 83/1A1B Kalaiyarkovil Taluk, Sivagangai District. 2.According to the petitioner, he is the owner of property in Survey No. 81/1C, 81/4B, 81/5B, 82/1B, 83/1A1B Kalaiyarkovil Taluk, Sivagangai District. While so, he decided to fence the property. At that time, the 3rd respondent without any valid right causing obstruction from fencing the property, therefore, the petitioner sent a representation dated 18.03.2025, but the same has not been considered. Hence this petition. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that they have received the representation of the petitioner and they have issued summons to both the parties. Since the petitioner did not appear for enquiry, it was closed on 27.03.2025. Therefore, nothing survives for further adjudication. 2/5
4.The learned counsel for the 3rd respondent would submit that the petitioner attempted to encroach the water bodies by way of fencing the land. Therefore, he made objections to encroach the water body. Apart from that he has not objected the petitioner to fence the property.
5.Considering the prayer sought for by the petitioner and the representation of the petitioner was closed due to his non-appearance, this petition is closed. However, the petitioner is at liberty to file a fresh representation before the 2nd respondent, if he is advised to do so and on such representation being made by the petitioner, the 2nd respondent has to consider the same without any delay, in accordance with law, after affording opportunities to both parties.
28.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM 3/5
To
1. The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
2. The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
P.DHANABAL , J.
PNM ORDER IN 28.04.2025 5/5