Poornananda Saraswathi v. Government Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.2562 of 2013 ORDER:

Heard both sides. With the consent of both parties the writ petition is disposed of at the admission stage. 2.

The present writ petition came to be filed seeking issuance of writ of Mandamus declaring the action of respondent Nos.1 to 4 in not providing protection to the Ashram, matham and tribal children who are inmates of the Ashram, as illegal and arbitrary. 3.

The averments in the writ affidavit would disclose that the petitioner being influenced by teachings of Swamy Vivekananda, started a hostel for the tribal students, with a strength of about 53 girls and 55 tribal boys. It is stated that initially land admeasuring Acs.9.00 was donated for a hostel, in Maddilapalem village. It is averred that the donor attempted to take away the said land, but the same was thwarted. Pursuant thereto, several disputes arose between the parties with regard to the said land, which lead to registration of crimes against the petitioner and also against others, at the instance of the petitioner. It is the case of the petitioner that at the instance of unofficial respondents, the respondent police are interfering with the peaceful life and liberty and also the property of the petitioner.

4.

A counter came to be filed denying the averments made in the writ affidavit. It is stated that pursuant to the crimes being registered, the parties are being questioned to examine the case and that there was no intervention by the police either on the personal life or liberty of the

CPK, J W.P.No.2562 of 2013 petitioner or her property. At this stage, learned counsel for the petitioner would submit that the petitioner may be permitted to avail the remedies available under law, in case if the harassment by the respondents still persists.

5.

Recording the statements made across the Bar, the writ petition is disposed of holding that in case the respondent police intend to take action against the petitioner or the unofficial respondents, the same shall be in accordance with law. If the harassment against the petitioner as alleged still persists, the petitioner is always at liberty to avail the remedies available under law.

6.

With the above direction, the writ petition is disposed of. No costs.

As a sequel thereto, Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 14.07.2017 vhb