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Madras High CourtWP(MD)/8216/2017dismissed

B.Gopalsamy, S/O.Balsamy v. The District Collector

2017-07-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.8216 of 2017 B.Gopalasamy ... Petitioner vs.

1. The District Collector, District Collectorate, Madurai District, Madurai - 625 020.

2. The Superintendent of Police, District Police Office, Madurai District, Madurai.

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to provide police protection for the removal of Seemai karuvelam Trees from the land in Survey Nos.119/16B1, 119/16B2 , 135/1, 142/10, 142/21, 142/4, 142/5, 142/6, 57/7A1A, 59/16 for an extent of 3 acres 50 cents in Kovilpappakudi Village, Patta No.295, Madurai North Taluk Madurai District on the petition of the petitioner dated 28.03.2017. For Petitioner : No Appearance For Respondents : Mr.M.Govindan, Spl. G.P.

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J) None appeared on behalf of the petitioner.

2.The prayer is to direct the police to provide protection for the removal of Seemaikaruvelam trees in Kovilpappakudi Village in the District of Madurai.

https://hcservices.ecourts.gov.in/hcservices/

3.There is no question of granting police protection for removal of Seemaikaruvela trees. Moreover, there is a civil suit pending between the parties before the Civil Court. Such being the factual position, there is no question of issuing a Mandamus. 4.In the upshot, we dismiss the writ petition. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, District Collectorate, Madurai District, Madurai - 625 020.

2. The Superintendent of Police, District Police Office, Madurai District, Madurai.

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 64400 ARUL TE/JC/SAR-I : 18/07/2017 : 2P/5C W.P(MD)No.8216 of 2017 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/