Meena v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.23043 of 2024 Meena

...Petitioner

Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

3.V.Nagarajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide adequate police protection to clear thorns and bushes in petitioner's landed properties comprised in S.Nos.231/3, 232/2, 233/6C, 233/8, 233/8, 241/2A1, 243/2 in Seelapadi Village at Dindigul District using Earth Movers to enable the authorities to conduct survey by considering the representation dated 28.08.2024 within the period that may be stipulated by this Court.

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For Petitioner : Mr.V.Vishnu For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking orders to direct the respondents to provide adequate police protection to clear thorns and bushes in writ petitioner's landed properties comprised in S.Nos.231/3, 232/2, 233/6C, 233/8, 233/8, 241/2A1, 243/2 in Seelapadi Village at Dindigul District using Earth Movers to enable the authorities to conduct survey by considering the representation dated 28.08.2024 within the period that may be stipulated by this Court.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 and 2. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is not in dispute that the writ petitioner has earlier filed a petition in W.P.(MD)No.5302 of 2024 seeking a writ of mandamus directing the Tahsildar and the Taluk Surveyor to conduct survey and boundary mark the petitioner's land and this Court has passed an order 2/6

dated 06.03.2024 directing the survey authority to scrutinize the petitioner's application and issue notice and take a decision.

4. The learned counsel appearing for the writ petitioner would submit that the survey authority after visiting the land had directed the writ petitioner to clean the thorn and bushes in the land so as to enable to survey the land and when the writ petitioner is attempting to clean the land, the third respondent has interfered and hence, the writ petitioner was constrained to give a complaint before the second respondent.

5. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the writ petitioner's complaint is pending before the second respondent.

6. Considering the above, the second respondent is directed to issue notice to the writ petitioner as well as to the third respondent and conduct enquiry and take a decision within a period of ten days from the date of receipt of a copy of this order.

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7. With the above direction, this Writ Petition stands disposed of. No costs.

27.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Thadikombu Police Station, Dindigul District.

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

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.23043 of 2024 Dated : 27.09.2024 6/6