K.Subramani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.8366 of 2017 K.Subramani ... Petitioner -vs1.

The Superintendent of Police, Dindigul District.

2.

The Inspector of Police, Ottanchatram Police Station, Ottanchatram, Dindigul District.

3.

Manikandan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the Respondent No.1 & 2 to give police protection for digging a bore well in the petitioners Patta land situated in Dindigul District Dindigul West Taluk Pazhakanoothu Village in S.F.Nos.368/1B1 368/1B2 368/1B4 based on the petitioner's representation dated 12.04.2017.

For Petitioner :

Mr.S.Karthick Subramanian For R1 & R2 :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to direct the Respondent Nos.1 & 2 to give police protection for digging a bore well in the petitioners Patta land situated in Dindigul District, Dindigul West Taluk, Pazhakanoothu Village in S.F.Nos.368/1B1, 368/1B2 and 368/1B4 based on the petitioner's representation dated 12.04.2017.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the State. Mr.R.Rajamarthandan, Special Sub-Inspector of Police is present.

3. It is the case of the petitioner that the 3rd respondent is preventing the petitioner from digging a borewell in his own land. In this regard, the petitioner has given a complaint, based on https://hcservices.ecourts.gov.in/hcservices/

which, a petition enquiry is pending in CSR No.205 of 2017 before the 2nd respondent.

4. Under such circumstances, the 2nd respondent is directed to conduct an enquiry in CSR No.205 of 2017 by calling both the parties and if during enquiry, it is found that there is a bonafide in the case of the petitioner, it is needless to state that the petitioner should not be prevented from putting a borewell in his own land.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To:

1.

The Superintendent of Police, Dindigul District.

2.

The Inspector of Police, Ottanchatram Police Station, Ottanchatram, Dindigul District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER SR No. 58523. +1 CC to M/s.S.KARTHICK SUBRAMANIAN, Advocate, SR No. 58449. AR PSM/MR/SAR4/08.06.2017/2P/5C W.P.(MD) No.8366 of 2017 05.06.2017 https://hcservices.ecourts.gov.in/hcservices/