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2025 DAILYLAW 29311 (MAD)

ALAMELU v. THE DISTRICT COLLECTOR

WP/6721/2025 · 2025-02-25

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

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WP.No.6721 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.6721 of 2025 Alamelu W/o.(Late) Ramesh ... Petitioner Vs. 1. The District Collector, Kallakurichi District. 2. The Superintendent of Police, Kallakurichi District. 3. The Deputy Superintendent of Police, Thirukovilur, Kallakurichi District. 4. The Inspector, Thirukovilur Police Station, Kallakurichi District. 5. The Sub-Inspector, Pagandai X Road Police Station, Kallakurichi District. 6. The Thasildar, Vanapuram Taluk, Kallakurichi District. 1/7 https://www.mhc.tn.gov.in/judis WP.No.6721 of 2025 7. Elumalai 8. Subbarayalu 9. Venkatesan 10. Vasantha ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 5th respondent to provide police protection to harvest the sugarcane cultivated in the agricultural land in Survey Nos. 11/1B, 11/4B, 11/6A, 1112B1 and 22/1B2 totaling to an extent of 1.5 acres and to use the pathway in Survey No.11/1C by complying the communication No Na.Ka.A1/037/2025 dated 06.01.2025 issued by the 6th respondent to the 5th respondent on considering the petitioner's complaint dated 05.01.2025 in C.S.R.No.10 of 2025 and 30.01.2025 in C.S.R.No.42 of 2025 within the stipulated time fixed by this Hon'ble Court. For Petitioner : Ms.S.Harshitha For Respondents : Mr.P.Balathandayutham Special Government Pleader for R1 and R6 Mr.A.Gopinath Government Advocate (Crl.Side) for R2 to R5 O R D E R This writ petition has been filed seeking a direction to the 5th respondent to provide police protection to harvest the sugarcane 2/7 https://www.mhc.tn.gov.in/judis WP.No.6721 of 2025 cultivated in the agricultural land in Survey Nos.11/1B, 11/4B, 11/6A, 1112B1 and 22/1B2 situated at Ilayanarkuppam, Sankarapuram Taluk, Villupuram totalling to an extent of 1.5 acres and also to use the pathway in Survey No.11/1C owned by the 7th respondent. 2. The petitioner is doing agriculture in her agricultural land and she had planted the sugarcane in her agricultural land situated in Survey Nos.11/1B, 11/4B, 11/6A, 11/12B1 and 22/1B2 of Ilayanarkuppam village, Sankarapuram Taluk, Villupuram totaling to an extent of 1.5 acres and she has enrolled in the Kallakurichi Co-operative Sugarcane Mills Limited in the name of her son Krishnaraj on 10.09.2023 for delivering the harvested sugarcane to the said mill. The harvest period of sugarcane is usually 12-18 months. The above said agricultural land is in the name of her husband and her husband died on 06.06.2022, since then the said agricultural land has been in her possession without any interference. 3. The pathway for petitioner's agricultural land passes through the 3/7 https://www.mhc.tn.gov.in/judis WP.No.6721 of 2025 Survey No.11/1C which belongs to the 7th respondent. Now, the sugarcane is ripe for harvesting and the respondents 7 to 10 are obstructing the petitioner from using the pathway situated in S.No.11/1C. Therefore, the petitioner has made an application before the 6th respondent. 4. The 6th respondent has conducted an enquiry and passed an order on 06.01.2025, thereby permitted the petitioner to use the pathway comprised in Survey No. 11/1C measuring to an extent of 0.77.5 ares, which belongs to 7th respondent Elumalai and also ordered to the 5th respondent to provide police protection, while using the pathway after harvesting. However, the 5th respondent so far failed to provide police protection and also preventing the petitioner to harvest the sugarcane which is cultivated in her patta land. 5. In view of the same, the 5th respondent is directed to provide adequate police protection to the petitioner for harvesting the sugarcane cultivated in the agricultural land in Survey Nos.11/1B, 11/4B, 11/6A, 4/7 https://www.mhc.tn.gov.in/judis WP.No.6721 of 2025 1112B1 and 22/1B2 situated at Ilayanarkuppam, Sankarapuram Taluk, Villupuram totaling to an extent of 1.5 acres and also to use the pathway in Survey No.11/1C owned by the 7th respondent putforth. 6. With the above direction, this Writ Petition is allowed. No costs. 25.02.2025 Internet: Yes Index: Yes/No Speaking/Non-speaking order Vv Note: Issue Order Copy today itself To 1. The District Collector, Kallakurichi District. 2. The Superintendent of Police, Kallakurichi District. 3. The Deputy Superintendent of Police, Thirukovilur, Kallakurichi District. 4. The Inspector, Thirukovilur Police Station, 5/7 https://www.mhc.tn.gov.in/judis WP.No.6721 of 2025 Kallakurichi District. 5. The Sub-Inspector, Pagandai X Road Police Station, Kallakurichi District. 6. The Thasildar, Vanapuram Taluk, Kallakurichi District. G.K.ILANTHIRAIYAN, J. 6/7 https://www.mhc.tn.gov.in/judis WP.No.6721 of 2025 Vv WP.No.6721 of 2025 25.02.2025 7/7 https://www.mhc.tn.gov.in/judis