A.P.Kumanan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.924 of 2022 A.P.Kumanan
...Petitioner
Vs.
1.The Superintendent of Police, Tiruppur.
2.The Inspector of Police, Kudimangalam Police Station, Tiruppur.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to provide police protection based on the representation dated 28.12.2021 within a stipulated period of time.
For Petitioner : Mr.G.R.Deepak For Respondents : Mr.G.Raj Thilak Additional Public Prosecutor
O R D E R
(The case has been heard through video conferencing) This petition has been filed seeking for a direction, directing the 1st respondent to provide police protection based on the representation dated 28.12.2021 within a stipulated period of time.
2.The grievance of the petitioner is that he has sent representation to the Superintendent of Police, Tiruppur dated 28.12.2021. Thereafter, the matter was also sent to the Inspector of Police, Kudimangalam Police Station. No action has been taken.
3.The contention of the petitioner is that the petitioner had purchased a property in Somavarapatti Village, Udamalpet, Tiruppur District measuring about 64.5 cents in S.F.No.228/4B2
and S.F.No.228/5A vide registered sale deed document No.3795 of 2021 at Sub-Registrar, Udamalpet. When the petitioner visited the property, one Nirmala along with her husband Selvaraj and henchmen threatened the petitioner to get away from the property otherwise his life would be finished. The petitioner filed a suit in O.S.No.388 of 2021 before the Subordinate Court, Udamalpet and also filed I.A.No.827 of 2021 restraining the encroachers to the petitioner's property and injunction. Injunction was granted in favour of the petitioner till 05.01.2022. Thereafter, the petitioner visited the property, the encroachers Nirmala and her henchmen are always present in the said property. Despite having injunction, the petitioner is not able to enjoy the property. Hence the petition. 4.Learned Additional Public Prosecutor submitted that the petitioner is having injunction only till 05.01.2022. The respondent police to ascertain whether the injunction order is extended further, who are the intruders, those factors have to be verified.
5.In view of the above, the petitioner is directed to appear before the Inspector of Police, Kudimangalam Police Station, Tiruppur, on 15.02.2022 along with a copy of the representation and the documents in support of his contention, his latest injunction order or the extension of injunction against the respondents, details of the respondents, so that, upon necessary verification, if the petitioner is entitled for police protection, the same would be provided by the respondent police.
6.With the above direction, this Criminal Original petition stands disposed of.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar kas
To.
1.The Superintendent of Police, Tiruppur.
2.The Inspector of Police, Kudimangalam Police Station, Tiruppur.
3.The Public Prosecutor, High Court, Madras.
+1 CC to Mr.G.R.Deepak, Advocate sr 5309.
W.P.No.924 of 2022 MG(CO) SP(09/02/2022)