R.Padamkumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH R.Padamkumar S/o.Late M.Ramchand ... Petitioner vs.

1.The Commissioner of Police, Greater Chennai, Veppery, Chennai - 600 007.

2.The Inspector of Police, E-3, Teynampet Police Station, Chennai - 600 018.

3.S.Yasodha W/o.Late J.Govindhasamy 4.S.Bakkiyalakshmi D/o.Late J.Govindhasamy 5.S.Udhaya Sankar S/o.Late J.Govindhasamy 6.S.Suganya D/o.Late J.Govindhasamy ... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 02.08.2023 and thereby direct the respondents 1 and 2 to provide adequate police protection to the petitioner's life and property for renovation and to carry out the repair works in the property situated at Old No.48, New No.143, Thiruvalluvar Salai, Vaniya Teynampet, Chennai - 600 018 to an extent of 396 sq.f.t and 396 sq.ft. totally 792 sq.ft. along with common passage based on the judgment and decree in O.S.No.3611 of 2013 dated 02.11.2022 passed by learned XI Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****

O R D E R

This writ petition has been filed seeking for police protection in order to renovate and carry out repair work in petitioner's property by considering the representation dated 02.08.2023.

2. Heard Mr.B.Gopalakrishnan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 & 2.

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3. Learned Additional Public Prosecutor appearing for respondents 1 & 2 submitted that the representation made by the petitioner is not available with the second respondent. Learned Additional Public Prosecutor further submitted that if fresh representation is made by the petitioner, the same will be enquired and a decision will be taken with regard to providing police protection.

4. Considering the submissions made by learned Additional Public Prosecutor, there shall be a direction to the petitioner to give a fresh representation to the second respondent. The second respondent, on receipt of the same, shall conduct an enquiry by issuing notice to all the interested parties and shall take a decision within a period of four (4) weeks. During enquiry, the second respondent shall take into consideration the proceedings before the civil Court and the decree passed in O.S.No.3611 of 2013 dated 02.11.2022 by learned XI Assistant Judge, City Civil Court, Chennai.

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N. ANAND VENKATESH., J gm This writ petition is disposed of with the above direction. No costs. 24.01.2024 Index : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Commissioner of Police, Greater Chennai, Veppery, Chennai - 600 007.

2.The Inspector of Police, E-3, Teynampet Police Station, Chennai - 600 018.

3.The Public Prosecutor, High Court of Madras, Madras.

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