Madras High CourtWP(MD)/12372/2016disposed of

R.Saratha Rajendran v. The State Of Tamil Nadu

2020-10-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN and WMP(MD)No.9392 of 2016 R.Saratha Rajendran President, Aariyur Village Panchayat, Aariyur Post, Ka.Paramathi Panchayat Union, Karur District.

...Petitioner

Vs.

1.The State of Tamil Nadu Rep by its The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai.

3.The Superintendent of Police, Karur District, Karur.

4.The Inspector of Police, Ka.Paramathi Police Station, Aravakuruchi Taluk, Karur District.

5.Muthukumar The Inspector of Police, Ka.Paramathi Police Station, Aravakuruchi Taluk, Karur District.

6.Dr.Nalla G.Palaniswami ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to give adequate police protection to the petitioner village Panchayat to remove the illegal construction made by the 6th respondent in S.Nos.371, 389, 386/1, 386/2 in the name of Solar Power Project in Aariyur Village, Aravakuruchi Taluk, Karur District and to remove the Electric Poles illegally fixed by the 6th respondent in the Panchayat roads.

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For Petitioner : Mr.M.Saravanakumar For R1 to R4 : Mr.K.R.Bharathi Kannan Government Advocate (Crl.side) For R5 : No Appearance For R6 : Mr.K.Balasubramani

O R D E R

This Writ Petition is filed seeking a direction to direct the respondents 1 to 4 to give adequate police protection to the petitioner village Panchayat to remove the illegal construction made by the 6th respondent in S.Nos.371, 389, 386/1, 386/2 in the name of Solar Power Project in Aariyur Village, Aravakuruchi Taluk, Karur District and to remove the Electric Poles illegally fixed by the 6th respondent in the Panchayat roads.

2.The learned counsel appearing for the 6th respondent would submit that the tenure of the President itself is over. The 6th respondent obtained necessary permission to erect the electric pole and there is no question of any illegal construction by the 6th respondent herein.

3.Considering the above submission, after a lapse of four years the prayer sought for in this petition cannot be considered now. However, the petitioner is at liberty to lodge a fresh complaint, on fresh cause of action, if so advised. 4.With the above observations, this Writ Petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd To 1.The Secretary to Government, State of Tamil Nadu Home Department, Secretariat, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai.

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3.The Superintendent of Police, Karur District, Karur.

4.The Inspector of Police, Ka.Paramathi Police Station, Aravakuruchi Taluk, Karur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-20859[F] dated 02/11/2020 ) and WMP(MD)No.9392 of 2016 29.10.2020 ck(CO) KK(10.11.2020) 3P 7C 3/3