Thangaponnu S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.Thangaponnu ... Petitioner vs.
1.The District Collector, Office of the District Collector, Virudhunagar.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar.
3.The Revenue Tahsildar, Office of the Revenue Tahsildar, Aruppukottai, Virudhunagar.
4.The Block Development Officer, (Village Panchayat), Office of Block Development Officer, Thiruchuli @ M.Reddiyapatti, Virudhunagar.
5.The Superintendent of Police, Office of the District Police, Virudhunagar.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to immediately restart the proposed plan to construct of Walking Overbridge (Estimated plan around 10 lakhs) across the Sengulam Kanmai Passage in the residential area of the Scheduled Caste members of Sengulam Village, Aruppukkottai Taluk, Virudhunagar District based on the verdicts of this Court on the W.P.(MD)No.280 of 2020 and direct the fifth respondent to give adequate police protection for the ground level field officers on duty inclusive of Village Panchayat President in Walking Overbridge construction work and other village welfare development works against the obstructions and the illegal activities of the opposite party who contest in the same Panchayat President Election having personal vengeance towards the petitioner's because of the defeat in Panchayat President Election and continuously obstruct the petitioner from discharging his duties and government officials on their duties not only during the 1/3
construction work and so they are in the intention to somehow stop the construction of the Walking Overbridge which planned to construct already in the village, within the time limit that may be stipulated by this Court.
For Petitioner : Mr.Dr.Ramesh Mahadev For Respondents : Mr.S.Shanmugavel Additional Government Pleader (for R1 to 3 & 5) Mr.K.S.Selvaganesan Additional Government Pleader (for R4)
O R D E R
Heard Mr.Dr.Ramesh Mahadev, learned counsel for the petitioner. Mr.S.Shanmugavel, learned Additional Government Pleader, who takes notice for respondents 1 to 3 and 5 and Mr.K.S.Selvaganesan, learned Additional Government Pleader, who takes notice for the fourth respondent.
2.It is the case projected by Mr.Dr.Ramesh Mahadev, learned counsel for the petitioner that the Ground Level Field Officers, require police protection during the construction of a bridge work by the Village Panchayat Office at Sengulam Village in Aruppukkottai Taluk. This particular overbridge, which is called Walking Overbridge, is built across the Sengulam Kanmai Passage. The petitioner claims that during the course of construction, necessary police protection must be given.
3.However, Mr.S.Shanmugavel, learned Additional Government Pleader and Mr.K.S.Selvaganesan, learned Additional Government Pleader stated that the police protection is being granted and the construction work was started on 23.12.2021 and on round the clock basis, on rotation, two Sub-Inspectors of Police and ten Police Constables are providing necessary police protection to the petitioner herein and to all others, who are involved in the construction of the walking overbridge. It is also stated that as on date, no untoward incident had happened.
4.I am confident that no such incident will ever happen and if at all it does, the fifth respondent can take a considered decision to increase the number of police personnel to be deployed. But the entire discretion and decision has to be taken only by the fifth respondent/Superintendent of Police, Virudhunagar. This Court need not interfere, since it is sated that there is no untoward incident from 23.12.2021 onwards. 2/3
5.Recording the above submissions of the learned Additional Government Pleaders, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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 1.The District Collector, Office of the District Collector, Virudhunagar.
2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar.
3.The Revenue Tahsildar, Office of the Revenue Tahsildar, Aruppukottai, Virudhunagar.
4.The Block Development Officer, (Village Panchayat), Office of Block Development Officer, Thiruchuli @ M.Reddiyapatti, Virudhunagar.
5.The Superintendent of Police, Office of the District Police, Virudhunagar.
+1 CC to M/s.SPL.GP ( SR-183[F] dated 04/01/2022 ) 03.01.2022 GM(CO)/SB(19.01.2022) 3P 7C 3/3