Madras High Court
P.Sridharan vs The State Of Tamil Nadu on 6 May, 2022
W.P.(MD)No.9327 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.9327 of 2022
P.Sridharan .. Petitioner
Vs
1.The State of Tamil Nadu,
Represented by the Superintendent of Police,
Trichy District, Trichy.
2.The Inspector of Police,
Navalpattu Police Station,
Anna Nagar, Trichy. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to provide adequate
police protection to survey and fix the boundary mark and also to carry
out the necessary cleaning works in the petitioner's land in Patta No.955,
dated 26.05.2011, admeasuring an extent of 25 Acres and 25 cents
comprised in Survey Nos.122, 123, 124, subdivided into 122/1A,
122/1B, 122/2A, 122/2B, 122/2C, 123/1, 123/2, 123/3A, 123/3B,
123/3C, 123/3D, 123/3E, 123/3F, 123/3G, 123/3H, 123/3I, 123/3J,
1/6
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W.P.(MD)No.9327 of 2022
123/3K, 123/3L, 123/3M, 123/3N, 123/3O, 123/3P, 123/3Q, 124/1,
124/2, 124/3, 124/4A, 124/4B, 124/4C, 124/5, 124/6, 124/7, 124/8,
124/9, 124/10, 124/11, 124/12, 124/13 and 124/14 situated at
Velayuthangudi Village, Thiruverumbur Taluk, Trichirappalli District,
based on the petitioner's complaint dated 25.04.2022 and also based on
the judgment and decree in Inam C.M.A.No.3 / 2009 dated 29.01.2011,
on the file of the learned Principal Sub-Judge, Trichy.
For Petitioner : Mr.Singaravelan
Senior Counsel
for Mr.D.Selvanayagam
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Crl. side)
ORDER
By consent of both parties, this writ petition is taken up for
final disposal at the stage of admission itself.
2.Since the petitioner's request to provide police protection
was not considered by the respondents police, the Writ Petition has been
filed. According to the petitioner, he has made a representation in this
regard on 25.04.2022, which is still pending.
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W.P.(MD)No.9327 of 2022
3. It is needless to point out that whenever a representation
of this nature is made to a Statutory Authority, there is a duty cast upon
the respondents to consider the same on its own merits and pass
appropriate orders in one way or other, instead of keeping the same
pending indefinitely. As such, non-consideration of the representation by
the Statutory Authority would amount to dereliction of duty and hence
this Court will be justified in invoking its extraordinary powers under
Article 226 of Constitution of India and direct them to consider the same
within a stipulated time.
4. In the light of the above observations, it would be
appropriate to direct the second respondent herein to consider the
petitioner's representation, dated 25.04.2022, within a stipulated time and
thereby the ends of justice could be secured. It is made clear that this
Court has not expressed any of its view with regard to the merits of the
claim of the petitioner and that it is open to the concerned respondent to
consider the same on its own merits.
5.Accordingly, there shall be a direction to the second
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W.P.(MD)No.9327 of 2022
respondent to consider the petitioner's representation, dated 25.04.2022,
on its own merits and pass appropriate orders in accordance with law,
within a period of three weeks from the date of receipt of a copy of this
order.
6. With the above direction, this Writ Petition stands
disposed of. No costs.
06.05.2022
Index: Yes/No
Internet : Yes/No
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Note:In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the Advocate/litigant
concerned.
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W.P.(MD)No.9327 of 2022
To
1.The Superintendent of Police,
the State of Tamil Nadu,
Trichy District, Trichy.
2.The Inspector of Police,
Navalpattu Police Station,
Anna Nagar, Trichy.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.9327 of 2022
M.S.RAMESH, J.
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W.P.(MD)No.9327 of 2022
06.05.2022
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