Suresh Balchand Nichani v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Suresh Balchand Nichani S/o.Late Balchand Kishindas ... Petitioner Vs.

1.The Collector, Chennai Collectorate, Singaravelar Malligai, Chennai - 600 001.

2.The Director General of Police, Police Head Quarters, Santhome, Chennai - 600 004.

3.The Tahsildar, Ambattur Taluk, Chennai - 600 053.

4.The Inspector of Police, Korattur Police Station (T-3), Korattur, Chennai - 600 080.

5.V.Ganesan S/o.Veerappan

...Respondents

1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the fourth respondent to provide police protection to the third respondent to survey the land comprised in S.No.1172/2, T.S.No.24/2, Ward-E, Block No.80, Korattur Village, Ambattur Taluk, Chennai District, measuring 2400 sq.ft. For Petitioner : Mr.J.Suresh For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R4] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the fourth respondent to provide police protection to the third respondent to survey the land comprised in S.No.1172/2, T.S.No.24/2, Ward-E, Block No.80, Korattur Village, Ambattur Taluk, Chennai District, measuring 2400 sq.ft.

2. Heard Mr.J.Suresh, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 to 4.

3. Learned Additional Public Prosecutor appearing for respondents 1 2/4

to 4 submitted that on the complaint given by the petitioner, a petition enquiry is pending in CSR No.1013 of 2024 on the file of the fourth respondent police and a final decision will be taken on the complaint given by the petitioner.

4. The fourth respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the Supreme Court has enumerated the nature of cases where preliminary enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. The fourth respondent is also directed to complete the enquiry in the case and take a decision within a period of two (2) weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. 23.01.2024 Index : Yes/No Speaking Order/Non-speaking Order gm N.ANAND VENKATESH, J 3/4

gm To 1.The Collector, Chennai Collectorate, Singaravelar Malligai, Chennai - 600 001.

2.The Director General of Police, Police Head Quarters, Santhome, Chennai - 600 004.

3.The Tahsildar, Ambattur Taluk, Chennai - 600 053.

4.The Inspector of Police, Korattur Police Station (T-3), Korattur, Chennai - 600 080.

5.The Public Prosecutor, High Court of Madras.

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