Rajaram.C.V v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2022 CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM C.V.Rajaram
...Petitioner
vs
1. The District Collector, Tenkasi, Tenkasi District.
2. The Block Development Officer, (Village Panchayat), Kuruvikulam Panchayat Union, Kuruvikulam, Tenkasi District.
3.The Kurunjuakulam Panchayat, Represented by its Panchayat President, Kurunjakulam, Tenkasi District.
4.The Deputy Superintendent of Police, Sankarankovil, Tenkasi District.
5.The Sub Inspector of Police, Thiruvengadam Police Station, Tenkasi District.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th and 5th respondents to grant police protection for construction of bus shelter/public building as per the work order issued by the third respondent in the light of the decree passed in O.S.No.361 of 1992 on the file of the District Munsif Court, Sankarankovil, dated 08.04.1994. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)
O R D E R
This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus directing the respondents 4 and 5 to grant police protection for construction of bus shelter/public building as per the work order issued by the third respondent in the light of the decree passed in O.S.No.361 of 1992 on the file of the District Munsif Court, Sankarankovil, dated 08.04.1994.
2.The learned counsel appearing for the petitioner submitted that the third respondent panchayat passed resolution to construct a passenger shelter, Primary Health Centre, Panchayat Office and Anganwadi Building under Village Panchayat Surplus Fund 2021-2022. In this 2/7
regard, vide tender notice dated 21.12.2021, they called public tender. The petitioner has also participated in the above tender and he was declared as successful bidder. The first respondent vide proceedings dated 20.12.2021 has also granted administrative approval. Under such circumstances, the few people of Kurunjakulam Village, who belong to Parayar Community restrained to do the work. Therefore, the petitioner gave a representation before the respondent police on 15.07.2022. But the respondent police did not take any action. Hence, he filed this petition.
3.When the matter is taken up for hearing, the learned Government Advocate (crl.side) submitted that based on the complaint given by the fourth respondent, a case has been registered against the petitioner in Crime No.134 of 2022 for the offences under Sections 406 and 420 of IPC 4.Recording the submission made by the learned counsel appearing for the petitioner, this Criminal Original Petition is closed. 3/7
The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the respondent police is ready to consider the petitioner's representation, dated 15.07.2022. 4.Recording the said submission made by the learned Government Advocate (Crl.side), the respondents 4 and 5 are hereby directed to consider the petitioner's representation dated 15.07.2022 and to provide necessary protection for completing the work as ordered by the first respondent, within a period of four weeks from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition is disposed of. No costs.
17.08.2022 Index :Yes/No Internet : Yes/ No cp To
1. The District Collector, Tenkasi, 4/7
Tenkasi District.
2. The Block Development Officer, (Village Panchayat), Kuruvikulam Panchayat Union, Kuruvikulam, Tenkasi District.
3.The Kurunjuakulam Panchayat, Represented by its Panchayat President, Kurunjakulam, Tenkasi District.
4.The Deputy Superintendent of Police, Sankarankovil, Tenkasi District.
5.The Sub Inspector of Police, Thiruvengadam Police Station, Tenkasi District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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V.SIVAGNANAM, J cp 6/7
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