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Madras High CourtWP(MD)/12937/2022disposed of

Muniyammal .P v. The Deputy Superintendent Of Police

2022-06-23Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM P.Muniyammal

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

2.The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

3.The Special Tahsildar (Adi-Dravida Welfare), Mudukulathur, Ramanathapuram district.

4.The Block Development Officer, Kamuthi Union, Ramanathapuram District.

5.Marimuthu 6.Murugan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing respondents 1 and 2 to accord police protection for the construction of the petitioner's dwelling house at Plot No.43, Adi-Dravidar Colony, S.No.328/1, 2, Uppankulam Village (Pakku Vetti Group), Kamuthi Taluk, Ramanathapuram District under Prime Minister Housing Scheme (Rural).

For Petitioner : Mr.C.K.M. Appaji For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (crl.side) For R4 : Mr. V. Nirmalkumar 1/3

O R D E R

This Writ Petition has been filed for issuing a direction to the respondents 1 and 2 to accord police protection for the construction of the petitioner's dwelling house at Plot No.43, AdiDravidar Colony, S.No.328/1, 2, Uppankulam Village (Pakku Vetti Group), Kamuthi Taluk, Ramanathapuram District under Prime Minister Housing Scheme (Rural).

2. The petitioner is a destitute widow and she had applied for allotment of housing unit in the Adi-Dravida Community Housing Colonies available in the locality to the third respondent, in turn, the 3rd respondent in his proceeding in Na.Ka.No.8/482/2016, dated 20.07.2016 allocated a housing plot bearing No.43, Adi-Dravida Colony, S.No.328/1,2 Uppankulam Village Pakkuvetti Group, Kamuthi Taluk, Ramanthapuram District. The respondents 5 and 6, who are neighbours, frequently given trouble and obstructed the petitioner to construct the house. Hence, the petitioner gave a complaint to the 2nd respondent police on 22.04.2022 and they have assigned CSR.No.60 of 2022 and thereafter, no action has been taken.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the complaint has been received from the petitioner on 22.04.2022 and CSR.No.60 of 2022 was given to the petitioner and enquired the parties and advised not to disturb the petitioner.

4. But, according to the petitioner, again the respondents 5 and 6 are disturbing the petitioner from constructing the house.

5. Considering the submissions made by the learned counsel appearing on either side and on perusal of the records reveals the fact that the petitioner was allotted housing plot bearing No.43, Adi-Dravida Colony, S.No.328/1,2 Uppankulam Village Pakkuvetti Group, Kamuthi Taluk, Ramanthapuram District as per the proceedings of the third respondent. For constructing the house, in that area, the respondents 5 and 6 are giving trouble. Hence, the petitioner gave a complaint on 22.04.2022 and CSR.No.60 of 2022 was assigned by the respondent police and they have advised the respondents 5 and 6 not to disturb the petitioner. But, again they are giving trouble and prevented the petitioner from constructing the house. In these circumstances, the second respondent is hereby directed to consider the representation of the petitioner, dated 22.04.2022 assigned in CSR.No.60 of 2022 and take suitable action in this matter, within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (RTI) // True Copy // /07/2022 Sub Assistant Registrar(CS) trp To 1.The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

2.The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

3.The Special Tahsildar (Adi-Dravida Welfare), Mudukulathur, Ramanathapuram district.

4.The Block Development Officer, Kamuthi Union, Ramanathapuram District.

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

+1 CC to M/s.C.K.M. APPAJI, Advocate ( SR-27891[F] dated 24/06/2022 ) 23.06.2022 SS/05/07/2022/ 3P 7C 3/3