Dhavaboopathi, S/O.T.K.Ramaiya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.03.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Dhavaboopathi ... Petitioner vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

4.The Revenue Divisional Officer, Kodaikanal, Dindigul District.

5.The Tahsildar, Kodaikanal Taluk, 6.Mathialagan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ order in the nature of Writ of Mandamus, directing the respondents 1 to 5 to provide adequate police protection in the petitioner's land in Vilpatti Village, Kodaikanal Taluk, Dindigul District and take action against the sixth respondent to register a case under the Schedule Castes and Schedule Tribes Act, 1989.

For Petitioner : Mr.T.Antony Arul Raj For R1 to R5 : Mr.S.Chandarasekar Additional Public Prosecutor 1/3

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. 2.The grievance of the petitioner is that he is having a land in Kodaikanal hills and to protect his land, he tried to fence his land, which was objected by the neighboring land owner, who is the sixth respondent herein, on the ground that it interferes and prohibits him from using his land and to have access to the land next to the petitioner's property. In this regard, the petitioner sent a complaint to the respondent police on 03.10.2016, but there was no action taken in this regard. Hence, on 28.10.2016 again, he has forwarded his complaint to the Superintendent of Police, Dindigul, through post. But the complaint was returned with an endorsement 'refused'.

In the said circumstances, he has filed the present writ petition seeking Mandamus to direct the respondent police to give adequate police protection to his land. 3.The learned Additional Public Prosecutor appearing for the State would submit that if any representation is given by the petitioner, the same will be considered in accordance with law and if necessary, police protection will be provided to the petitioner. 4.The learned counsel appearing for the petitioner would submit that the petitioner will make a fresh representation and the same may be considered on merits.

5.Recording the same, the Writ Petition is disposed of with a direction to the third respondent/Inspector of Police, Kodaikanal Police Station, Kodaikanal, to consider the representation if any given by the petitioner herein, regarding threat to his property or person and deal in accordance with law. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Superintendent of Police, 2/3

2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Kodaikanal.

4.The Revenue Divisional Officer, Kodaikanal, Dindigul District.

5.The Tahsildar, Kodaikanal Taluk, +1 CC to M/s.T.ANTONY ARURAJ, Advocate ( SR-12554[F] dated 19/03/2020 ) Dated : 19.03.2020 SS/14.05.2020/3P-7C 3/3