Disposed

Gnaniyaarswamy Aasi Sree v. The District Collector

Madras HC11 Dec 2015WP/4474/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a writ of Mandamus for police protection during the construction of a compound wall on leased agricultural land. The Court directed the 5th respondent to consider the petitioner's request after providing an opportunity of a personal hearing.

What did the court decide?

Directed the 5th respondent to consider the petitioner's request for police protection after providing an opportunity of personal hearing and notice within three weeks.

Gnaniyaarswamy Aasi Sree Vs The District Collector — Service and Employment | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 11.12.2015

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4474 of 2015

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Gnaniyaarswamy Aasi Sree Kamatchi Trust
rep. By its Trustee
A.Muthu
99B, Thirumalai Street,
Venkatesapuram,
Kuthapakkam, Cuddalore – 2 ...Petitioner
Vs
1. The District Collector,
Cuddalore District
2. The Revenue Divisional Officer,
Cuddalore District
3. The Tahsildar,
Tahsildar Office,
Cuddalore – 1
4. The Superintendent of Police,
Cuddalore District
5. The Inspector of Police,
Thirupathiripuliyur Police Station,
Thirupathiripuliyur,
Cuddalore District
6. Thirumugam
7. Thenmonizh
8. Janakiraman
9. Gauri
10. D.Raja ...Respondents

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Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 4^th and 5^th respondents herein to give adequate police protection to the petitioner and his workmen during the construction of compound wall in the vacant land measuring an extent of ten acres and sixty five cents comprised in Survey Nos.841, 843, 844, 845/1, 845/2, situated in Thirupathiripuliyur Village,

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https://hcservices.ecourts.gov.in/hcservices/

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Cuddalore District on the basis of the petitioner's representations dated 13.11.2014 and 15.11.2014.

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For Petitioner :Mr.K.R.Krishnan

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For Respondent Nos. 1 to 5 :Mr.P.Sanjay Gandhi Additional Government Pleader

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For Respondent No.10 : Mr.P.Rajendran

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O R D E R

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The petitioner has come forward with this petition seeking to issue a Writ of Mandamus directing the 4^th and 5^th respondents herein to give adequate police protection to the petitioner and his workmen during the construction of compound wall in the vacant land measuring to an extent of ten acres and sixty five cents comprised in Survey Nos.841, 843, 844, 845/1, 845/2, situated in Thirupapuliyur Village, Cuddalore District on the basis of the petitioner's representations dated 13.11.2014 and 15.11.2014.

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The petitioner-Trust was established with the object to establish and maintain the Institutions for promoting technical education in the field of Agriculture, Medicine and to run hospitals for the benefit of general public. The petitionerTrust to achieve the said object decided to acquire ten acres and sixty five cents of vacant land comprised in Survey Nos.841, 843, 844, 845/1, 845/2, situated at Thirupapuliyur Village, Cuddalore District on long terms lease basis with initial lease period of 60 years from a religious and spiritual institution, namely, Thirukovaluratheenam Sreemath Gnaniyar Madalayam, Sanathi Street, Thirupapuliyur, Cuddalore. The petitioner-Trust entered into a lease agreement dated 27.02.2014 with the Thirukovaluratheenam Sreemath Gnaniyar Madalayam for a yearly lease amount of Rs.20,000/-

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Thereafter, the petitioner/Trust on 28.01.2014 started to construct compound wall around the properties for the purpose of security and to prevent antisocial elements from trespassing into the property. While the constructions of compound wall was commenced by the workers employed by the petitioner-Trust, about hundred persons who are living in huts near the leased land assaulted the workers involved in the construction of compound wall and threatened them with dire consequences. In this regard a complaint was lodged by the petitioner with the 4^th respondent, but no action was taken by the 4^th respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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In fact peace committee meeting was held before the 3^rd respondent on 27.04.2014. The said Sreemath Gnaniyar Madalayam submitted the entire relevant document to prove their ownership over the disputed property.

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The 3^rd respondent after going through the documents submitted by the Madalayam and related revenue records submitted a report to the 2^nd respondent through a proceedings made in Na.Ka.No.A2-100-2014 dated 22.08.2014 holding that the disputed lands are patta lands belonging to the Madalayam. Thereafter, the petitioner made representation on 26.08.2014 to the 2^nd and 4^th respondents to provide police protection for construction of compound wall in the leased out property. The 2^nd respondent directed the 5^th respondent by proceedings in Na.Ka.No.A7/462/2014 dated 10.09.2014 to provide police protection to the petitioner. On 08.11.2014 when the petitioner undertook agricultural activities using tractor, the respondents 6 to 10 threatened the petitioner with dire consequences. Hence once again a representation dated 13.11.2014 was given to the 4^th respondent and another representation dated 15.11.2014, seeking police protection for the construction of compound wall in the leased out property was given to the 5^th respondent, but none of the representations were considered, hence the petitioner has come forward with the present Writ Petition.

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6.Heard the learned counsel appearing for the petitioner and the learned respective counsel appearing for the respondents and perused the documents available on record.

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7.Considering the submissions on either side, this Court is inclined to direct the petitioner to submit a fresh representation to the 5^th respondent along with a copy of this order within a period of one week from the date of receipt of copy of this order. On receipt of such representation, the 5^th respondent is directed to consider the request of the petitioner to provide police protection for construction of compound wall in the leased property in Survey Nos.841, 843, 844, 845/1, 845/2, situated in Thirupapuliyur Village, Cuddalore District by affording opportunity of personal hearing and notice to the petitioner as well as to the other necessary parties and pass appropriate orders within a period of three weeks thereafter.

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https://hcservices.ecourts.gov.in/hcservices/

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This Writ Petition is disposed of accordingly. No costs.

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Sd/Assistant Registrar

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True Copy
Sub Assistant Registrar
To
1. The District Collector,
Cuddalore District
2. The Revenue Divisional Officer,
Cuddalore District
3. The Tahsildar,
Tahsildar Office,
Cuddalore – 1
4. The Superintendent of Police,
Cuddalore District
5. The Inspector of Police,
Thirupathiripuliyur Police Station,
Thirupathiripuliyur,
Cuddalore District
+1cc to Mr.K.R.Krishnan, Advocate sr.66809
+1cc to The Government Pleader sr.66938

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W.P.No.4474 of 2015
ut[co]
srg 21/12/2015]

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https://hcservices.ecourts.gov.in/hcservices/

Gnaniyaarswamy Aasi Sree v. The District Collector

Case brief

What is this about?

What did the court decide?

Gnaniyaarswamy Aasi Sree v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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