U.Krishnan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN U.Krishnan .. Petitioner Vs.

1. The Superintendent of Police Sivagangai District Sivagangai

2. The Inspector of Police Manamadurai Police Station Sivagagai District .. Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the respondents to afford police protection to the petitioner for the purpose of laying construction of bridge to ingress and egress of the petitioner agricultural land comprised in S.No.217/1 Keppannor Village, Manamadurai Taluk, Sivagangai District covered by Patta No.1403 by considering the complaint/representation submitted by the petitioner dated 22.07.2019.

For Petitioner : Mr.T.Chandrasekaran For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents to afford police protection to the petitioner for the purpose of laying construction of bridge to ingress and egress of the petitioner agricultural land comprised in S.No.21/1 Keppannor Village, Manamadurai Taluk, Sivagangai District covered by Patta No.1403 by considering the complaint/representation submitted by the petitioner dated 22.07.2019

2. The learned counsel for the petitioner would submit that the petitioner is absolute owner of the agricultural property comprised in S.Nos.217/1,188/1,190/3,191/3,191/4,199/4 admeasuring 20 acres in Keppanoor Village, Manamadurai Taluk, Sivagangai District. In the year 2014-2015 the National Highways Department acquired the land in and around the villages of 1/3

Keelapasalai, Melapalasai, Sangamangalam for National Highways Madurai to Rameshwaram and all the canals were closed by the Highways department. Therefore the Revenue Divisional Officer of Manamadurai acquired 50 cents of the land in S.No.217/1 in Patta No.1403 in Keppanor Village, Manamadurai Taluk , Sivagangai District under the provisions of the National Highways Act 1956.

3. He would further submit that when the properties were acquired by the Government, the petitioner made a representation to the office of the Executive Engineer (PWD/WBD) Irrigation Department, Saruganiyar Basin Division,Sivagangai the Revenue Divisional Officer, Manamadurai, constructed bridge to ingress and egress of his land. There are objections from general public. Thereafter he made another representation to the Tahsildhar, Manamadurai.

4. After conducting detailed enquiry Executive Engineer (PWD/WBD) granted permission by the order dated 10.05.2019 on certain conditions. Thereafter when the petitioner was about to construct bridge over canals, there was objections from the general public and they are preventing the petitioner from constructing bridge over the canal. Thereafter the petitioner lodged a complaint on 22.07.2019 seeking police protection for constructing bridge and even today it is still pending. Therefore he has filed the present petition.

5. The learned Additional Public Prosecutor would submit that the complaint lodged by the petitioner dated 22.07.2019 was enquired and during enquiry the petitioner submitted that he will settle the issue between the general public.

6. Heard Mr. T.Chandrasekaran learned counsel for the petitioner and Mr.R.Anandhraj, learned Additional Public Prosecutor appearing for the State.

7.The land belongs to the petitioner was acquired by the Highways Department and all the canals were closed by the highways department for National Highways Madurai to Rameshwaram and in the enquiry it was confirmed by the Revenue Divisional Officer. The patta stands in the name of the petitioner.

8. Considering the facts and the Executive Engineer (PWD/WBD) has permitted the petitioner to construct bridge to ingress and egress of his land. Thereafter the petitioner received objections from the general public and lodged a complaint before the second respondent.

9. Considering the facts and circumstances of the case the second respondent is directed to provide adequate police 2/3

protection to the petitioner to construct a bridge to ingress and egress of his agricultural land comprised in S.Nos.217/1,188/1,190/3,191/3,191/4,199/4 ad-measuring 20 acres in Keppanoor Village, Manamadurai Taluk, Sivagangai District, in view of the permission already granted by the Executive Engineer/PWD (WBD).

10. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Sivagangai District Sivagangai

2. The Inspector of Police Manamadurai Police Station Sivagagai District +1 CC to M/s.T. CHANDRASEKARAN, Advocate ( SR-85186[F] dated 05/09/2019 ) W.P (MD).No.19107 of 2019 04.09.2019 KM/(25.09.2019) 3P 4C 3/3