S.Ayyadurai, S/O.Chellaiah, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.18512 of 2016 S.Ayyadurai ... Petitioner -Vs1.The District Collector, Ramanathapuram District.

2.The Tahsildar, Thiruvadanai, Ramanathapuram District.

3.The Superintendent of Police, Ramanathapuram.

4.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 3rd & 4th respondents to give adequate police protection to the petitioner for deepening the Farm Pond (Pannaikuttai) in the petitioner's patta land in S.No.413/8 to an extent of 0.74.0 ares situated at Thoothiyendal village, Karungudi Group, Thiruvadanai Post, Ramanathapuram District based on the petitioner's representation dated 23.08.2016 within the stipulated time that may be fixed by this Court. For Petitioner : Mr.V.Balaji for M/s.Niranjan S Kumar For Respondents : Mr.K.P.Krishna Doss Government Advocate

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the 3rd & 4th respondent to give adequate police protection to the petitioner for deepening the Farm Pond (Pannaikuttai) in the petitioner's patta land in S.No.413/8 to an extent of 0.74.0 ares situated at Ramanathapuram District based on the petitioner's representation dated 23.08.2016 within a time frame.

2. The case of the petitioner is that he is the absolute owner of the property in Survey No.413/8 to an extent 0.74.0 ares situated at Thoothiyendal Village, Karunkudi Group, Thiruvadanai Post, Ramanathapuram. Patta was also issued in his favour in patta No.1123. Due to low rainfall, he decided to deepen the farm pond situated in his land. So, he made an application before the Assistant Director of Agriculture, R.S.Mangalam, Ramanathapuram District and a favourable order was issued on 28.08.2015.

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3. The petitioner further stated that when the deepening work was in progress, some of the people made objection to the revenue authorities, so he was orally instructed by the revenue authorities, not to deepen the pond. The first respondent, District Collector, after due enquiry, directed the Tahsildar not to disturb deepening of the farm pond. Despite the direction, the petitioner was not allowed to continue the work and therefore, he lodged a complaint dated 02.11.2015 to the fourth respondent, which was also registered in CSR.327/2015. Subsequently, he made representations to the respondents 2 and 3 dated 23.08.2016 to provide adequate police protection. Since, no action was taken, the petitioner has come up with this present writ petition.

4. Heard Mr.V.Balaji, learned counsel appearing for M/s.Niranjan S Kumar, learned counsel for the petitioner, who is on record and Mr.K.P.Krishnadoss, learned Government Advocate appearing for the respondents.

5.Considering the prayer sought for in the writ petition and the facts of this case, without going to the merits of the case, the fourth respondent is directed to consider the representation of the petitioner dated 23.08.2016 and take action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition is disposed of. No Costs. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District.

2.The Tahsildar,Thiruvadanai, Ramanathapuram District.

3.The Superintendent of Police, Ramanathapuram.

4.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

+1 cc to Mr.Niranjan S.Kumar, Advocate in SR No.56521 +1 cc to the Spl.Govt.Pleader in SR No.56431 W.P(MD)No.18512 of 2016 PJL ANR/PV/26.10.2016/2p/7c https://hcservices.ecourts.gov.in/hcservices/