Madras High Court
M/S.Sree Jai Hanuman Granites vs The Superintendent Of Police on 29 September, 2021
W.A.No.1856 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.1856 of 2021
M/s.Sree Jai Hanuman Granites,
Rep. by its Partner Nishaanth,
1/443, Mill Medu,
Salem Main Road,
Kaveripattinam, Krishnagiri. ... Appellant
vs
1.The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2.The Sub Inspector of Police,
Nagarasampatty Police Station,
Nagarasampatty,
Krishnagiri District.
3.C.R.Tamilvanan ... Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent praying
to set aside the order of this Court passed in W.P.No.5664 of 2021
dated 08.03.2021.
****
For Appellant : Mr.K.Vijayaraghavan
For Respondents-1 & 2 : Mr.J.C.Durairaj
Government Counsel (Crl.Side)
1/6
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W.A.No.1856 of 2021
For Respondent-3 : Mr.A.R.L.Sundaresan,
Senior Counsel
for Mr.H.Elango
JUDGMENT
(delivered by PUSHPA SATHYANARAYANA, J.)
The writ appeal has been filed challenging the order passed in
W.P.No.5664 of 2021 dated 08.03.2021 by a third party.
2. The Writ Petition was originally filed by the third respondent
herein seeking a mandamus directing the respondents 1 and 2 - police
to consider his representation dated 12.02.2021, wherein, he has
sought for police protection for his life and to carry out the mining
activities in the petition mentioned properties/survey numbers.
3. The Writ Court had passed an order on 08.03.2021, which
reads as follows:
“5. Taking into facts and circumstances of the case
and also the fact that the petitioner has been granted
leases to perform quarry operations and he has entered
into a lease agreement with the District Collector,
Krishnagiri, for a period of 20 years, there shall be a
direction to the second respondent to act upon the
complaint given by the petitioner on 09.01.2021 and
12.02.2021 and provide police protection to ensure that
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W.A.No.1856 of 2021
no one prevents the petitioner from doing quarrying
activity or cause threat to the petitioner. If any charge is
payable so as to provide police protection, the same shall
also be fixed by the second respondent and it shall be
paid by the petitioner.
6. The continuation of the police protection shall be
assessed by the second respondent, considering the
prevailing situation and a decision shall be taken in that
regard. The petitioner is directed to make a fresh
representation with all relevant documents along with a
copy of this order. A copy of the representation shall also
be marked to the first respondent.”
4. From the above, it is evident that the Writ Court had
directed the writ petitioner to make a fresh representation with all
relevant documents along with a copy of the order passed by the
learned Single Judge, which would be considered by the police
authorities.
5. The appellant, aggrieved by the said order, has preferred
the instant appeal contending that the writ petitioner has suppressed
the pendency of the suit in O.S.No.11 of 2021 on the file of the
Principal District Munsif Court, Krishnagiri, and obtained the impugned
order. He also states that the writ petitioner was not favoured with the
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W.A.No.1856 of 2021
order of injunction by the Civil Court. Hence, he suppressed the said
fact and came before this Court for police protection.
6. Be that as it may, the first and second respondents, who
are the authorities, while considering the representation of the original
writ petitioner dated 12.02.2021, are directed to issue notice to the
Appellant also and afford him an opportunity of personal hearing and
consider the documents that are produced by him at the time of
hearing and pass appropriate orders in accordance with law. The said
exercise shall be completed within a period of one month from today.
7. We would also like to add that the above direction is given
de hors the fact that the Writ Appeal is not maintainable, against the
order passed in a writ petition, which was filed seeking the relief from
the police authorities.
8. With the above directions and observation, the Writ Appeal
is disposed of. No Costs.
[P.S.N., J.] [K.R., J.]
29.09.2021
rsi
Note: Registry is directed to upload the order copy on 30.09.2021.
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W.A.No.1856 of 2021
To
1.The Superintendent of Police,
Krishnagiri District,
Krishnagiri.
2.The Sub Inspector of Police,
Nagarasampatty Police Station,
Nagarasampatty,
Krishnagiri District.
https://www.mhc.tn.gov.in/judis/
W.A.No.1856 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
rsi
W.A.No.1856 of 2021
29.09.2021
https://www.mhc.tn.gov.in/judis/
