Madras High CourtWP(MD)/29309/2024disposed of

V.Rajendran v. The District Collector

2024-12-06Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR V.Rajendran ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Superintendent of Police, Theni, Theni District.

3.The Deputy Superintendent of Police, Andipatti, Theni District.

4.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Theni District.

5.Kannan 6.Marimuthu 7.Kaleeswaran 8.TKR.Ganesan ... Respondents PRAYER : Petition filed under Article 226 of Constitution of India seeking for Writ of Mandamus to direct the respondents 1 to 4 to take appropriate action against the respondents 5 to 8 for illegally trespassing 1/4

into the petitioner's land and destroyed the fencing put up by him in Survey No.701/1 in Kadamalaikundu Village, Andipatti Taluk, Theni District, comprised in Patta No.4059 by considering his representation dated 28.09.2024 within the time stipulated by this Court. For Petitioner : Mr.A.Karthickkumar For R2 to R4 : Mr.P.Kottaichamy Government Advocate (Crl.side) For R1 : Mr.N.Muthumanickam Government Advocate (Civil side)

ORDER

The petitioner had sent a representation dated 28.09.2024 to the official respondents. Since no action has been taken, the petitioner is unable to defence and enjoy his property. Hence, he filed this petition.

2. The learned Government Advocate (crl.side) would submit that on the complaint of the petitioner, revenue authorities had conducted enquiry and Tahsildar had given a report and further as regard the police enquiry is pending.

3. The learned counsel for the petitioner submitted that the petitioner is ready to appear before the respondent police on 13.12.2024. 2/4

4. In view of the above, the petitioner to appear before the respondent police on 13.12.2024 for enquiry. The respondent police shall ensure the presence of private respondents and conclude the investigation, without any further delay.

5. With the above direction, this Writ Petition is disposed of. No costs.

06.12.2024 NCC : Yes / No Index : Yes / No Rmk To 1.The District Collector, Theni District.

2.The Superintendent of Police, Theni, Theni District.

3.The Deputy Superintendent of Police, Andipatti, Theni District.

4.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Theni District.

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

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M.NIRMAL KUMAR, J.

Rmk Order made in Dated: 06.12.2024 4/4