Pathar Nisha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.22534 of 2024 Pathar Nisha
...Petitioner
Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Thasildar, Gangaikondan Taluk, Gangaikondan, Tirunelveli.
4.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.
5.The President, Kattu Baba Sahib Pallivasal @ Peer Mohemmed Sahib Palivasal, Kattu Pallivasal, Gangai Kondan, Tirunelveli Taluk, Tirunelveli District-627352.
... Respondents 1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a a Writ of Mandamus, directing the respondents 2 and 4 to provide adequate police protection to the petitioner and the petitioner's family life and the petitioner's property which is situated at Tirunelveli District, Tirunelveli Taluk, Gangaikondan Panchayat, Gangaikondan Village - 2, S.No.1472/1A to an extend of 5 acres 89 cents S.No.1472/1B- to an extent of 8 acres 33 cents, S.No. 1472/1B1B to an extent of 2 acres 25 cents totally admeasuring 16 acres 47 cents and to consider the petitioner's representation dated 16.08.2024. For Petitioner : Mr.R.M.Suresh For R1 & R3 : Mr.M.Muthumanikkam Government Advocate (Civil Side) For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition has been filed seeking orders to direct the respondents 2 and 4 to provide adequate police protection to the writ petitioner and her family life and her property which is situated at Tirunelveli District, Tirunelveli Taluk, Gangaikondan Panchayat, Gangaikondan Village - 2 in S.No.1472/1A to an extent of 5 acres 89 cents S.No.1472/1B- to an extent of 8 acres 33 cents, S.No.1472/1B1B to 2/6
an extent of 2 acres 25 cents totally admeasuring 16 acres 47 cents and to consider the writ petitioner's representation dated 16.08.2024.
2. Mr.M.Muthumanikkam, learned Government Advocate (Civil Side) takes notice for the respondents 1 and 3 and Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 2 and 4. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the writ petitioner would submit that the fifth respondent has approached the Wakf Estate Officer under the Tamilnadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975 against the writ petitioner and the same came to be dismissed and that thereafter the fifth respondent has been threatening to dispossess the writ petitioner.
4. The learned Additional Public Prosecutor appearing for the respondents 2 and 4 would submit that on the basis of the complaint given by the writ petitioner, CSR No.415 of 2024 came to be registered 3/6
and the same is pending for enquiry.
5. Considering the above, the fourth respondent is directed to issue notice to the writ petitioner as well as to the fifth respondent and conduct enquiry and take a decision within a period of one week from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition stands disposed of. No costs.
23.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Thasildar, Gangaikondan Taluk, Gangaikondan, Tirunelveli.
4/6
4.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.22534 of 2024 Dated : 23.09.2024 6/6