E.L.Kamalakkannan v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE A.D. JAGADISH CHANDIRA W.P.No.2560 of 2022 E.L.Kamalakkannan
...Petitioner
Vs.
1.The Director General of Police, Tamil Nadu, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
2.The Superintendent of Police, Chengalpattu District, Chengalpattu Town - 603 001.
3.Vasudevan 4.Sundar
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider my representation dated 17.01.2022 for my dangerous atmosphere and to enquire about the act of the Sub Inspector of Police Thiru.Vasudevan, who has not warned the enemies and inducing them and to provide police protection to the petitioner.
For Petitioner :
Mr.R.Anbalagan For Respondents :
Mr.A.Gokulakrishnan for R1 & R2, Additional Public Prosecutor
O R D E R
This Writ Petition has been filed seeking for a direction to the 2nd respondent to consider the representation dated 17.01.2022 of the petitioner for his dangerous atmosphere and to enquire about the act of the Sub Inspector of Police Thiru.Vasudevan, who has not warned the enemies and inducing them and to provide police protection to the petitioner.
2. It is the case of the petitioner that he is running a photo studio and Xerox shop in a commercial complex namely Brinda complex at Thiruvathur Bazar Street. On 05.01.2022 at 4.00 pm one Sundar, who is running photo studio along with 20 other persons have come to the shop of the petitioner and threatened him saying that he was charging lesser price for taking xerox and created a ruckus and also caused damage to the xerox machine valued at Rs.12,000/-. The said Sundar, who has accompanied him, also threatened him not to continue the business and also assaulted him with coercion. In respect of the threat by Sundar and others, the petitioner had given a complaint to the third respondent on the same day at 7.00 pm. On 06.01.2022, the petitioner was called for enquiry and the counter parties were also present during the enquiry.
At that time, the 3rd respondent compelled the petitioner to withdraw the complaint. The petitioner had refused to withdraw the complaint and had left the station. While so, on 10.01.2022, the third respondent had summoned the petitioner stating that the said Sundar had come along with 40 persons and had compelled him to come to the station and withdraw the complaint. In respect of the threat wielded by the 3rd respondent, the petitioner has sent a complaint to the second respondent on 17.01.2022. However, till date no action has been taken by the respondents. 3.Mr.A.Gokulakrishanan, learned Additional Public Prosecutor appearing for the Respondent police would submit that the representation of the petitioner is now pending with the 2nd respondent.
4. In view of the above, a direction is issued to the 2nd repondent to dispose of the representation of the petitioner dated 17.01.2022 within a period of two months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits or genuineness of the representation made by the petitioner. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar vri/shk To 1.The Director General of Police, Tamil Nadu, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.
2.The Superintendent of Police, Chengalpattu District, Chengalpattu Town - 603 001.
3.The Public Prosecutor, Madras High Court.
+1cc to Mr.R.Anbalagan, Advocate Sr.No.9722 W.P.No.2560 of 2022 PL(CO) RVM(02/03/2022)