Madras High CourtWP(MD)/14701/2020disposed of

Safana Parveen v. The District Collector,

2020-11-24Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Safana Parveen ... Petitioner vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Deputy Superintendent of Police, Oddanchathiram, Dindigul District.

3. The Inspector of Police, Reddiyar Chathiram Police Station, Dindigul District.

4. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Sukkampatti, Dindigul District.

5. Sivasankaramani

6. M. Kamatchi

7. A. Ramsamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents 1 to 3 to give adequate police protection to install the HT line by the 4th respondent to the petitioner's industry namely M/s.Chitra Blue Metal in Kothapuli Village, Dindigul West Taluk, Dindigul District.

For Petitioner : Mr.R.Suriyanarayanan For R-1 to R-3 : Mr.R. Srinivasan Government Advocate For R-4 : No appearance For R-5 to R-7 : Mr.M. Jerin Mathew

O R D E R

This Writ petition has been filed seeking for a direction to the respondent Nos.1 to 3 to give adequate police protection to install the HT line by the fourth respondent to the petitioner's 1/3

industry, namely; M/s.Chitra Blue Metal in Kothapuli Village, Dindigul West Taluk, Dindigul District.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner would state that he has made an application before the fourth respondent to provide HT line for her existing electricity service and the fourth respondent has planned the said project. The respondent Nos.5 to 7 and others have made protest petition and hence, the project way was changed by the fourth respondent. The petitioner has paid a sum of Rs.11,73,110/-towards the project cost. He would further state that 90% of the work has been completed and now again, the respondent Nos.5 to 7 and their associates created problems for extraneous consideration. Therefore, the petitioner and the fourth respondent have preferred a complaint to the respondent Nos.1 to 3 seeking police protection for completion of the said project. But, till date, the respondent Nos.1 to 3 have not considered the same. Hence, the petitioner is before this Court seeking police protection.

4. The learned Government Advocate appearing for the respondent Nos.1 to 3 would submit that the fourth respondent and their authorities finding the feasibility of the project had accorded permission and the petitioner has alone paid the project cost and 90% of the work is completed.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondent Nos.1 to 3 and the learned counsel appearing for the respondent Nos.5 to 7.

6. Admittedly, the authorities have only after inspection had granted permission for providing HT line to the petitioner's industry and the petitioner has paid the estimated amount for the project. It is also an admitted fact that the respondents 5 to 7 protested earlier and only after considering their protest, the authorities had changed the way to install the pole for the project that too in the existing line and according to the petitioner, the respondents 5 to 7 started to give trouble to extract money and 90% of the work is completed and the petitioner had also paid the entire project cost.

The 4th respondent/Assistant Executive Engineer had already given a letter to the police for police protection for completing the above said work and the petitioner had also invested the money and 90% of the work is also over and therefore, I am inclined to allow this Writ Petition. Accordingly, there will be a direction to the respondent Nos.1 to 3 to give adequate police protection to install HT line in the petitioner's company namely; 'Chitra Blue Metals' by the fourth respondent, forthwith.

7. With the above directions, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To:-

1. The District Collector, Dindigul District, Dindigul.

2. The Deputy Superintendent of Police, Oddanchathiram, Dindigul District.

3. The Inspector of Police, Reddiyar Chathiram Police Station, Dindigul District.

+1 CC to Mr.R.SURIYANARAYANAN, Advocate SR-22840. W.P.(MD) No.14701 of 2020 24.11.2020 PM(CO) CS(30.12.2020) 3P 5C 3/3