V.Malarvannan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.Malarvannan ... Petitioner Vs.

1.The Secretary to Government, Home Department, Chennai - 600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Tambaram, Chennai - 600 045.

3.The Deputy Commissioner of Police (D.C.P), St.Thomas Mount District, Chennai - 600 089.

4.The Assistant Commissioner of Police (A.C.P), Thuraipakkam Range, Chennai - 600 097.

5.The Inspector of Police (Crime), J-9 Thuraipakkam Police Station, Chennai - 600 097.

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6.Selvam 7.Karunanithi 8.Attukaran @ Naganathan Balu 9.Sakthi 10.Bose 11.Sathish

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 24.01.2024 consequently direct the respondents 1 to 4 to give police protection for petitioner Trust against the respondents 5 to 11.

For Petitioner : Mr.T.V.G.Kartheeban For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R5] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 to consider the petitioner's representation dated 24.01.2024 and consequently direct the respondents 1 to 4 to give police protection to petitioner Trust.

2. Heard Mr.T.V.G.Kartheeban, learned counsel for petitioner and 2/4

Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 to 5.

3. Learned Additional Public Prosecutor appearing for respondents 1 to 5 submitted that a petition enquiry is pending in CSR No.1529 of 2023 on the file of fifth respondent on an earlier complaint given by the petitioner.

4. The fifth 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 fifth 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. N.ANAND VENKATESH, J gm 3/4

With the above direction, this Writ Petition is disposed of. No costs. 15.02.2024 Index : Yes/No Speaking Order/Non-speaking Order gm To 1.The Secretary to Government, Home Department, Chennai - 600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Tambaram, Chennai - 600 045.

3.The Deputy Commissioner of Police (D.C.P), St.Thomas Mount District, Chennai - 600 089.

4.The Assistant Commissioner of Police (A.C.P), Thuraipakkam Range, Chennai - 600 097.

5.The Inspector of Police (Crime), J-9 Thuraipakkam Police Station, Chennai - 600 097. 6.The Public Prosecutor, High Court of Madras.

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