K.Dhanuskodi, S/O. Krishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.7593 of 2017 K.Dhanuskodi .. Petitioner Vs.

1.The District Collector, 2.The Assistant Engineer, PWD, Periyar Channel Division, 3.The Tashildar, Vadipatti, Madurai District.

4.The Deputy Superintendent of Police, Samayanalur Division, 5.The Inspector of Police, Allanganallur Police Station, 6.Thangam .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondent Nos.4 & 5 to provide police protection from the life threat made by the encroacher preventing the petitioner from cutting and removing the Juliflora trees as per the cutting order given by the respondent Nos.2 & 3 by considering his representation dated 30.03.2017. For Petitioner : Mr.R.Gandhi For RR 1 to 5 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For R - 6 : Mr.M.Jegadeesh Pandian

ORDER

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 4 and 5 to provide police protection at the time of removing Prosopis Juliflora trees mentioned in the petition, by way of issuing a Writ of Mandamus.

2.The learned counsel appearing for the petitioner has contended to the effect that the second respondent has issued a cutting order in favour of the petitioner. But the sixth respondent has caused threat to the petitioner. Under the said circumstances, the present Writ Petition has been filed. 3.It is seen from the records that on 30.03.2017, the petitioner has given a complaint to the respondents 4 and 5. 4.It is an admitted fact that Prosopis Juliflora trees are in existence in Odai poramboke.

5.The main contention putforth on the side of the petitioner is that the second respondent has given cutting order in favour of the petitioner.

6.Considering the aforesaid factual aspects, this Court is inclined to pass the following order.

7.In fine, both the petitioner and the sixth respondent are directed to give representation to the third respondent. After receipt of the same, the third respondent is directed to dispose of the same within a period of fifteen days.

8.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(C) /True Copy/ Sub Assistant Registrar To 1.The District Collector, 2.The Assistant Engineer, PWD, Periyar Channel Division,

3.The Tashildar, Vadipatti, 4.The Deputy Superintendent of Police, Samayanalur Division, 5.The Inspector of Police, Allanganallur Police Station, +1cc to Mr.M.Jegadeesh Pandian, Advocate in SR.No:53894 +1cc to Mr.R.Gandhi, Advocate in SR.No:53778 +1cc to Special Government Pleader in SR.No:54683 Ps AE/JC/SAR2/28.04.2017/3P/9C ORDER MADE IN W.P(MD)No.7593 of 2017 25.04.2017