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Madras High CourtWP/2294/2024dismissed

Baskar v. The District Collector

2024-02-26Honourable Mr Justice N. Anand Venkatesh4 pages

In the High Court of Judicature at Madras Dated : 26.2.2024 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.2294 of 2024 Baskar

...Petitioner

Vs 1.The District Collector, O/o District Collector, Thiruvarur District.

2.The Director General of Police, O/o Director General of Police, Kamarajar Salai, Chennai.

3.The Superintendent of Police, O/o Superintendent of Police, Thiruvarur District.

4.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Thiruvarur.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records and quash the proceedings in order of rejection vide NA.KA. No.C1-14932-2023 dated 05.12.2023 passed by the fourth respondent and further direct the respondents to provide Personal Security Officer (PSO) to the petitioner.

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For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondents :

Mr.A.Gopinath, GA (Crl.Side)

ORDER

This writ petition has been filed challenging the proceedings of the fourth respondent dated 05.12.2023 and to direct the respondents to provide Personal Security Officer to the petitioner.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. On going through the impugned proceedings, it is seen that there are two pending cases against the petitioner in (i) Crime No.5 of 2022 on the file of the District Crime Branch, Tiruvarur and (ii) Crime No.383 of 2023 on the file of Koothanallur Police Station, Tiruvarur District. If police protection is given to a person, who has been shown as an accused in two pending first information reports, it will send a wrong signal to the society. Police protection cannot be given for a mere asking and the reason that has been assigned by the fourth respondent while rejecting the application of the petitioner does not suffer from any illegality or infirmity.

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4. That apart, before issuing a Writ of Certiorari, this Court must see as to whether the order under challenge suffers from any error of law on the face of the records. If the decision is supported by valid reasons, such a Writ cannot be issued. Useful reference can be made to the judgment of the Apex Court in the case of Central Council for Research in Ayurvedic Sciences and others Vs. Bikartan Das and others [reported in 2023 (5) MLJ 289].

5. Accordingly, the above writ petition is dismissed. No costs. 26.2.2024 To 1.The District Collector, Thiruvarur District.

2.The Director General of Police, Kamarajar Salai, Chennai.

3.The Superintendent of Police, Thiruvarur District.

4.The Deputy Superintendent of Police, Thiruvarur.

5.The Public Prosecutor, High Court, Madras.

RS 3/4

N.ANAND VENKATESH,J RS 26.2.2024 4/4