Quashed

FMR.21, Morappur Fishermen Co-Operative Society Rep by M.Buvaneswari v. the Executive Engineer

Madras HC21 Mar 2022CRL OP/2660/2022

Case brief

AI extract

What is this about?

This case involves a petition seeking police protection for a fishing cooperative society to operate in a lake. The Court stayed the order granting the protection and disposed of the petition, remanding the matter for an enquiry into a pending rival claim for fishing rights.

What did the court decide?

Petition disposed of; consequential connected miscellaneous petition closed; pending enquiry awaited to decide entitlement.

FMR.21, Morappur Fishermen Co-Operative Society Rep by… — Land Acquisition | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.03.2022

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CORAM :

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.2660 of 2022 and Crl.M.P.No.1971 of 2022

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FMR.21, Morappur Fishermen Co-Operative Society, Rep.by its President Tmt.M.Buvaneswari, Kuppachiammal Illam, Mariyamman Koil Street, Harur-636 903, Dharmapuri District.

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...Petitioner

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-Vs-

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1.The Executive Engineer, Public Works Department, Water Resource Organisation, Upper Pennaiyar Basin Division, Dharmapuri District.

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2.The Assistant Director of Fisheries, Dharmapuri.

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3.The Superintendent of Police, Dharmapuri District. Dharmapuri.

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4.The Deputy Superintendent of Police, Harur, Dharmapuri District.

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5.The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti, Dharmapuri District.

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6.Shanmugam

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7.Bhuvaneswari

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8.Vadivel.

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9.Gobi

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..Respondents

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

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Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents 3 to 5 to provide police protection to the petitioner society to carry out fishing operation in the paraiyapatti lake situated at pappireddipatti Taluk, Dharmapuri District based on the grant of lease for fishing right to the memebrs of the petitioner society vic.,1. Pachaiappan( Member No:265), 2. Theerthagiri (Member No.866), 3. Dharman(Member No:864), 4.Ragu( Member No.870), 5.Moorthy (Member No:878) for a period from 2022 to 2024 as per the orders of the Executive Engineer, PED-WRO, Upper Pennaiyar Basin Division, Dharmapuri-5 in proceedings in letter No.75/Ko.29/2020/Tha/dated:28.01.2020.

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For Petitioner : Mr.V.Elangovan For Respondents 1 to 5 : Mr.V.Meghanathan Govt.Advocate(Crl.side)

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For Respondents 6 to 9 : Mr.V.Sakkarapani

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O R D E R

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This Criminal Original Petition has been filed to direct the respondents 3 to 5 to provide police protection to the petitioner society to carry out fishing operation in the paraiyapatti lake situated at pappireddipatti Taluk, Dharmapuri District based on the grant of lease for fishing right to the memebrs of the petitioner society vic.,1. Pachaiappan( Member No:265), 2. Theerthagiri (Member No.866), 3. Dharman(Member No:864), 4.Ragu( Member No.870), 5.Moorthy (Member No:878) for a period from 2022 to 2024 as per the orders of the Executive Engineer, PED-WRO, Upper Pennaiyar Basin Division, Dharmapuri-5 in proceedings in letter No.75/Ko.29/2020/Tha/dated:8.01.2020.

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when the matter is taken up for hearing, learned Government Advocate(Crl.side) would submit that there is a rival claim pending between the petitioner society and the respondents 6 to 9 in respect of fishing rights in Paraiyapatti Lake. He would further submit that due enquiry would be conducted with the respondents 1 and 2 and the petitioner society and the respondents 6 to 9. Based on the outcome of the enquiry appropriate protection will be given to the persons who is entitled to have leasehold rights/fishing rights.

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

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Recording the same, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-VII)

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//True copy//

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Sub Assistant Registrar

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nr/nti To 1.The Executive Engineer, Public Works Department, Water Resource Organisation, Upper Pennaiyar Basin Division, Dharmapuri District. 2.The Assistant Director of Fisheries, Dharmapuri. 3.The Superintendent of Police, Dharmapuri District. Dharmapuri. 4.The Deputy Superintendent of Police, Harur, Dharmapuri District. 5.The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti, Dharmapuri District. 6.The Public Prosecutor High Court, Madras. +1cc to Mr .V.Sakkarapani , Advocate SR.No.19322 +1cc to Mr.S.Doraisamy, Advocate SR.No.19041

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Crl.O.P.No.2660 of 2022 and Crl.M.P.No.1971 of 2022 SKM(CO) GMY(04/04/2022)

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

FMR.21, Morappur Fishermen Co-Operative Society Rep by M.Buvaneswari v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

FMR.21, Morappur Fishermen Co-Operative Society Rep by M.Buvaneswari v. the Executive Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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