Madras High CourtWP(MD)/12009/2017closed

T.Venkatesan, Proprietor v. The District Collector,

2017-06-29Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P(MD)No.12009 of 2017 T.Venkatesan ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The District Collector, Virudhunagar District, Virudhunagar.

3. The Superintendent of Police, Madurai District, Madurai.

4. The Superintendent of Police, Virudhunagar District, Virudhunagar.

5. The Inspector of Police, Watrap Police Station, Watrap, Srivilliputtur Taluk, Virudhunagar District.

6. Wildlife Warden, Grizzled Squirrel, Wild life Sanctuary, Srivilliputtur.

7. P.N.Deva

8. J.Lazar

9. S.Kottaimalai

10. M.Murugan

11. M.Murudappan

12. Kannan

13. Orusoll ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the official respondents especially the fifth respondent

to give necessary police protection to the petitioner for executing and completing the construction work as per the four work orders dated 06.01.2017, issued to the petitioner, till the completion of the project.

For Petitioner: Mr.A.Sivaji For R1 toR6 : Mr.T.S.Mohammed Mohideen Additional Government Pleader.

O R D E R

The writ petition has been filed for a direction to the fifth respondent to give necessary police protection to the petitioner for executing and completing the construction work as per the four work orders dated 06.01.2017, issued to the petitioner, till the completion of the project.

2.Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for the respondents 1 to 6.

3.The petitioner is the Contractor having bagged the contract for construction work in Sathuragiri hills. While so, the petitioner is using donkeys for transportation of construction materials to the Sathuragiri Hills, which has been obstructed by the respondents 7 to 13.

4.The petitioner has filed O.S.No.141 of 2017 before the Sub Court, Srivilliputtur and has also obtained an order of interim injunction against the obstructors. While so, the petitioner has given a representation dated 04.05.2017 to the Superintendent of Police, who, in turn, has forwarded the same to the fifth respondent for necessary action.

5. The petitioner has got every right to carry on his trade in a lawful manner as guaranteed under Article 19(1)(g) of the Constitution of India, which cannot be obstructed by any person. Therefore, the respondent Police is directed to give sufficient protection to the petitioner, so that, there is no illegal obstruction to his legal activities.

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

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar