M/S.F.Robin Power Solutions Pvt Ltd., v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN W.P.(MD)No.19706 of 2021 M/s.F.Robin Power Solutions Private Limited, Rep. by its General Mangaer, S.Johnson, 6/192, Sf.No.401/3a1, Combaipatty Village, Main Road Chinnupatti, Reddiyapatti Po, Nilakottai Taluk, Dindigul District.
.. Petitioner Vs.
1.The Superintendent of Police, Dindigul, Nilakottai Taluk, Dindigul.
2.The Inspector of Police, Viruveedu Police Station, Nilakottai, Dindigul.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide police protection for the plan site/installation site of the petitioner in (*)Nadakottai Village, Nilakottai Taluk, Dindigul District by considering the petitioner's representation, dated 15.10.2021, within the time stipulated by this Court. For Petitioner : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
(This writ petition is heard through video conference) This petition has been filed for issuance of Writ of Mandamus, directing the respondents to provide police protection for the purpose of installing solution power project in various survey numbers as mentioned in the No Objection Certificate that has been issued by the Tahsildar, Nilakottai dated 13.10.2021. 1/3
2.The learned Additional Public Prosecutor submitted that when the petitioner proposed to install the above said solution power plant in the above said property, Villagers have objections that the properties are belong to the Government. Based upon which peace committee meeting was also conducted and during the course of the peace committee meeting, resolution was taken and as per the resolution, objectors have undertaken to comply the decision that has to be taken by the Tahsildar by measuring the property. Based upon the above said resolution, the concerned Surveyor was also directed to undertake the survey. On that basis, by the order, dated 13.10.2021, No Objection Certificate has been issued stating that in 46 items of survey numbers, it was found that no Government poramboke land is involved. It is also confirmed that no land acquisition proceedings is also pending against these properties and it is also not covered under Land Reforms Act, 1961 and as well as citing that the Land Ceiling Act is also not covered. It is dated 13.10.2021.
3.The second respondent is also present before this Court and submitted that after the survey was conducted by the Survey Department, there is no problem by the Villagers. 4.In view of the submission made by the learned Additional Public Prosecutor and the second respondent, the petitioner shall place all the requirements that has been set out for installing the above said power plant, after getting proper instructions from the District Collector, the second respondent may provide police protection, if any necessity arises and if any trouble is apprehended at the hands of the Villagers.
5.With the above directions, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (Records) (*)Corrected as per the order of this Court date 01.02.2022 made in WP(MD).19706 of 2021 Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To (*) to be substituted the order already despatched on 30.11.2021 1.The Superintendent of Police, Dindigul, Nilakottai Taluk, Dindigul.
2.The Inspector of Police, Viruveedu Police Station, Nilakottai, Dindigul.
3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 01.11.2021 AC(CO) KB(29.11.2021) 3P 4C TR(02.02.2022) 3P 4C 3/3