Vellaisamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022 CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Vellaisamy
...Petitioner
Vs.
1.The District Collector, Sivagangai, Sivagangai District.
2.The Superintendent of Police, O/o Superintendent of Police, Sivagangai.
3.The District Revenue Officer, O/o District Revenue Office, Sivagangai.
4.The Revenue Divisional Officer, O/o Revenue Divisional Office, Manamadurai.
5.The Tashildar, Manamadurai, Sivagangai.
6.The Inspector of Police, Manamadurai Police Station, Manamadurai.
7.Mariammal
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the sixth Respondent to consider the Petitioner's representation, dated 19.09.2022 and consequently provide adequate police protection in removing the stones and wooden waste dumped in the common pathway situated in survey No.108/5, Karisalkulam Village, Manamadurai Taluk, Sivagangai District.
For Petitioner : No Appearance For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the sixth Respondent to consider the Petitioner's representation, dated 19.09.2022, consequently provide adequate police protection in removing the stones and wooden waste dumped in the common pathway situated in survey No.108/5, Karisalkulam Village, Manamadurai Taluk, Sivagangai District.
2.When the case came up for hearing, the learned Additional Public Prosecutor submitted that based upon the complaint given by the Petitioner, C.S.R.No.1249/2022 was given. During the course of enquiry, 2/5
it was found that civil dispute is pending between the parties and they have given a statement that they will resolve the issue before the concerned authority. Therefore, the Respondent Police closed the said complaint.
3.In view of the above submission, the Writ Petition is found misconceived and dismissed as not maintainable in the light of the reported Ruling of the Division Bench of this Court in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The Superintendent of Police, Thanjavur District and another. No costs.
15.11.2022 Index :Yes/No vsd 3/5
To 1.The District Collector, Sivagangai, Sivagangai District.
2.The Superintendent of Police, O/o Superintendent of Police, Sivagangai.
3.The District Revenue Officer, O/o District Revenue Office, Sivagangai.
4.The Revenue Divisional Officer, O/o Revenue Divisional Office, Manamadurai.
5.The Tashildar, Manamadurai, Sivagangai.
6.The Inspector of Police, Manamadurai Police Station, Manamadurai.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SATHI KUMAR SUKUMARA KURUP, J.
vsd 15.11.2022 5/5