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Madras High CourtWP/2774/2023disposed of

D.Antony v. The Inspector Of Police

2023-02-03Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN W.P.No.2774 of 2023 D.Antony

...Petitioner

s.

1.The Inspector of Police, Vellavedu Police Station, Avadi, Tiruvallur District.

2.Narayanan

...Respondents

PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus, to direct the 1st respondent to provide with police protection to the petitioner and the tenants of the petitioner who are residing at Romaa Paradise, Kuthambakkam, Poonamallee, Chennai - 600 124 by considering the representation of the petitioner herein dated 07.01.2023 and 11.01.2023. For Petitioner : Mr.R.Nalliyappan For R-1 : Mr.S.Santhosh Government Advocate (Criminal side)

ORDER

This Writ Petition has been filed to direct the 1st respondent to provide with police protection to the petitioner and the tenants of the petitioner who are residing at Romaa Paradise, Kuthambakkam, Poonamallee, Chennai - 600 124 by considering the representation of the petitioner herein dated 07.01.2023 and 11.01.2023.

2. Learned counsel for the petitioner submitted that, petitioner own flats at Romaa Paradise. He lent his flats to college students on monthly rent. The 2nd respondent claims himself to be the President of the Association of the flat owners, demands huge maintenance. When the maintenance amount is not paid, he threatened to disconnect the electricity. In this regard, petitioner gave a complaint to the respondent police and C.S.R.No.21 of 2023 was issued. However, no enquiry has taken place, necessitating filing of this petition.

3. In response, learned Government Advocate (Criminal side) submitted that, on the basis of the complaint given by the petitioner, enquiry is pending.

4. Considered the submissions and perused the records.

5. This Court is of the view that, the prayer for seeking police protection to the petitioner and his tenants in his flat, cannot be entertained, for the reason that, police cannot be expected to give 24/7 police protection. If any criminal act is committed by the 2nd respondent against the petitioner or his tenants, it is always open to the petitioner and his tenants to approach the concerned police for appropriate action.

6. In view of the pendency of the enquiry in C.S.R.No.21 of 2023, this Court directs the 1st respondent to expedite the enquiry and dispose the complaint in the manner known to law, as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this Order.

7. Accordingly, this Writ Petition is disposed of, with the above direction.

03.02.2023 gd Index:Yes/No Speaking Order: Yes/No G.CHANDRASEKHARAN.J., gd

To 1.The Inspector of Police, Vellavedu Police Station, Avadi, Tiruvallur District.

2.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.2774 of 2023 03.02.2023