IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.43587 of 2016 T.Pachaiyappan ... Petitioner Vs
1. The Superintendent of Police, Tiruppur District, Tiruppur.
2. The District Revenue Officer, Tiruppur District, Tiruppur.
3. The Revenue Divisional Officer, Udumalpet, Tiruppur District.
4. The Tahsildar, Udumalpet Taluk, Udumalpet, Tiruppur District.
5. The Inspector of Police, Udumalpet Police Station, Udumalpet, Tiruppur District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issuance of a writ of mandamus, directing the respondents to give adequate police protection for one week for enabling the petitioner to lay the pipeline between the petitioner's two lands situated in S.No.347/A2, Chinnaverampatti Village, Udumalpet Taluk, Tiruppur District and S.Nos.350/1, 346/1 and 351/1, Kottamangalam Village, Udumalpet Taluk, Tiruppur District.
For Petitioner : Mr.C.Prakasam For respondents : Mr.C.Emalias, Addl. Public Prosecutor ORDER The prayer made in the writ petition is to issue a Writ of Mandamus, directing the respondents to give adequate police protection for one week, so as to enable the petitioner to lay the pipeline between his two lands situated in S.No.347/A2, Chinnaverampatti Village, Udumalpet Taluk, Tiruppur District and S.Nos.350/1, 346/1 and 351/1, Kottamangalam Village, Udumalpet Taluk, Tiruppur District.
2. It is the case of the petitioner that he is having agricultural lands in S.No.347/A2, Chinnaverampatti Village, Udumalpet Taluk, Tiruppur District and in S.Nos.350/1, 346/1 and 351/1, Kottamangalam Village, Udumalpet Taluk, Tiruppur District. In respect of the land in S.No.347/A2, there is an open Well, which is having sufficient water for irrigation, whereas, in the lands at Kottamangalam Village, there is no sufficient water available for the purpose of irrigation. So, he decided to lay a pipeline between the above said two lands. In this regard, he approached the second respondent and made a written request along with necessary fees. The second respondent in turn directed the respondents 3 and 4 to inspect both the lands and submit a report. Accordingly, inspection was done and report was submitted to the second respondent, recommending to grant permission for laying pipeline. Pursuant to the same, after complying with the formalities, the second respondent granted permission by his proceedings in Ni.Mu.11632/2015/A1 dated 27.08.2015 with certain conditions. Following the same, the fourth respondent has issued orders by his Proceedings in Pa.Mu.9687/2015/A2 dated 31.08.2015. Thereafter, the petitioner was trying to lay pipeline between his two lands. However, the same was obstructed by some anti social elements by demanding mamool. Hence, the petitioner lodged a complaint to the fifth respondent vide CSR No.489 of 2016 dated 21.05.2016. Finding no response on the same, he sent a representation dated 04.06.2016 to the respondents 2 to 4 requesting to provide police protection and the same is pending without any progress. Therefore, the petitioner has come up with the present petition for the above stated relief.
3. Learned counsel appearing for the petitioner submitted that even after obtaining necessary permission from the authority concerned for laying pipeline, some anti social elements has been threatening the petitioner and preventing him to do so and hence, he requested the respondent police to give police protection to lay pipeline between his two lands. Since the said request was not considered, the present writ petition came to be filed by the petitioner.
4. Learned Additional Public Prosecutor, who took notice for the respondents, has no serious objection in considering the prayer sought for by the petitioner, for the specific purpose for a limited period.
5. In this writ petition, the petitioner sought for police protection to lay pipeline between the two patta lands belonging to him, for the purpose of supply of water for irrigation. He also obtained due permission from the authorities concerned in this regard. That apart, there is no serious objection on the side of the respondents in granting such relief to the petitioner. Therefore, this Court is inclined to grant police protection to lay pipeline.
6. In the result, the writ petition is allowed and the respondent police is directed to provide adequate police protection to the petitioner for a period of two weeks from the date of receipt of a copy of this order, so as to enable him to lay pipeline between his two lands in S.No.347/A2, Chinnaverampatti Village, Udumalpet Taluk, Tiruppur District and S.Nos.350/1, 346/1 and 351/1, Kottamangalam Village, Udumalpet Taluk, Tiruppur District. However, the same will be at the cost of the petitioner.
10.01.2017 Index:Yes/No rk To
1. The Superintendent of Police, Tiruppur District, Tiruppur.
2. The District Revenue Officer, Tiruppur District, Tiruppur.
3. The Revenue Divisional Officer, Udumalpet, Tiruppur District.
4. The Tahsildar, Udumalpet Taluk, Udumalpet, Tiruppur District.
5. The Inspector of Police, Udumalpet Police Station, Udumalpet, Tiruppur District.
6. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J.
rk W.P.No.43587 of 2016 DATED: 10.1.2017 http://www.judis.nic.in