P.Britto v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)Nos.14967 and 15456 of 2018 P.Britto ... Petitioner Vs.
1.The District Collector, Collectorate, Tirunelveli, Tirunelveli District.
2.The District Revenue Officer, District Revenue Office, Tirunelveli, Tirunelveli District.
3.The Assistant Director, District Survey Department, Tirunelveli, Tirunelveli District.
4.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Tirunelveli District.
5.D.Michalral 6.The Inspector of Police, Sendhamaram Police Station, Tirunelveli District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of mandamus, to direct the respondents to take appropriate action by providing adequate protection of the petitioner's life and his property situated in S.No.635/20 of Thannuthu Village, Sankarankovil Taluk, Tirunelveli District. For Petitioner : Mr.D.Selvanayagam 1/3
For R1 to R5 : Mr.R.Anandharaj, Additional Public Prosecutor.
For R6 : Mr.T.R.Jeyapalam
O R D E R
The Writ Petition is filed for seeking police protection of the petitioner's life and his property situated in S.No.635/20 of Thannuthu Village, Sankarankovil Taluk, Tirunelveli District. 2.The learned counsel for the petitioner would submit that the fifth respondent, who is neighbor of the petitioner has put up an illegal construction from the petitioner's land. Therefore, the petitioner lodged a complaint before the respondent police. After receipt of his complaint, the respondent police did not take action, hence, the petitioner filed this petition for seeking police protection.
3.The learned Additional Public Prosecutor appearing for the official respondents would submit that in order to enquire the complaint, on several occasions, summons were issued to the petitioner, but he did not appear. Therefore, the complaint was closed for non-appearance of the petitioner.
4.Considering the facts and circumstances of the case, the petitioner is directed to lodge fresh complaint before the sixth respondent within a period of one week from the date of receipt of a copy of this order.
5.After receipt of the complaint, the sixth respondent is directed to conduct an enquiry with rival parties after issuance of notice and proceed further in accordance with law within a period of four weeks from the date of receipt of the complaint. 6.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) 2/3
To 1.The District Collector, Collectorate, Tirunelveli, Tirunelveli District.
2.The District Revenue Officer, District Revenue Office, Tirunelveli, Tirunelveli District.
3.The Assistant Director, District Survey Department, Tirunelveli, Tirunelveli District.
4.The Tahsildar, Tahsildar Office, Sankarankovil Taluk, Tirunelveli District.
5.The Inspector of Police, Sendhamaram Police Station, Tirunelveli District.
+1 CC to M/s.D. SELVANAYAGAM, Advocate ( SR-85383[F] dated 05/09/2019 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-85500[F] dated 06/09/2019 ) and W.M.P(MD)Nos.14967 and 15456 of 2018 04.09.2019 das JMN(06.09.2019) 3P : 8C 3/3