Madras High CourtWP(MD)/4506/2017closed

S.R.Sathiya Pradeep, v. The Superintendent Of Police

2017-03-20Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD)No.4506 of 2017 S.R.Sathiya Pradeep : Petitioner -Vs1.The Superintendent of Police, at Nagercoil, Kanyakumari District.

2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

3.The Puliyurkurchi Panchayat, Rep. by Special Officer, Chervallur Post, Kanyakumari District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to grant adequate police protection to the petitioner to transport the food material to the piggery farm of the petitioner situated in Re-survey Nos.460 and 460/1B of Puliyur Salai Village owned by the petitioner, by considering the representation of the petitioner dated 13.03.2017. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader **********

O R D E R

It is the case of the petitioner that he is running a Piggery in his patta land in Re-survey Nos.460 and 460/1B, Puliyur Salai Village and that his own brother Satheendran Nair is causing unnecessary obstruction to the petitioner with the help of Antisocial elements. Therefore, the petitioner has come up with the present Writ Petition for the above said prayer.

2. Today, Mr.P.Baburaj, Sub-Inspector of Police, Arumanai Police Station, is present in Court. On instructions, the learned Additional Government Pleader submitted that a case in Crime No.98 of 2017 has been registered against the petitioner on 20.03.2017 under Section 269 of the Indian Penal Code on the complaint of the https://hcservices.ecourts.gov.in/hcservices/

Sub-Inspector of Police, Arumanai Police Station, on the allegation that the petitioner is dumping chicken wastes. around the area, which is said to be causing health hazard to the public.

3. This is being strongly repudiated by the learned counsel for the petitioner. The allegation in the First Information Report has nothing to do with the claim for police protection to run piggery.

4. Under such circumstances, the petitioner is directed to give a fresh complaint to the Sub-Inspector of Police, Arumanai Police Station, with regard to the allegations relating to piggery and on receipt of complaint, the second respondent shall call the rival parties and conduct an enquiry and take action in accordance with law.

5. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assitant Registrar(C) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, at Nagercoil, Kanyakumari District.

2.The Inspector of Police, Arumanai Police Station, Kanyakumari District.

Copy To:

The Sub Inspector of Police, Arumanai Police Station, Kanyakumari District +1cc to M/s.S.C.HEROLD SINGH, Advocate, in SR No.16026 +1cc to Special Government Pleader, Sr.No.16178 SML AAM-CM/SAR LIB/21.03.2017 2P 6c Order made in W.P.(MD)No.4506 of 2017 Dated: 20.03.2017 https://hcservices.ecourts.gov.in/hcservices/