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Madras High CourtWP/10674/2017disposed of

Sadagoparamanujam v. The Superintendent Of Police

2017-06-22Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.10674 of 2017 Sadagoparamanujam ... Petitioner Vs.

1 The Superintendent of Police Tiruvarur District, Tiruvarur.

2 The Inspector of Police Mannargudi, Tuticorin District.

3. R.V.Anand ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 1 and 2 to provide security and protection to the petitioner and his family, who is aged 75 years and is a cancer patient in order to enable them to enjoy without any hindrance the property to an extent of 3.51 acres in Survey No.4551, New T.S.No.62 and 142/1 in Block No.94, VOC Road, Mannargudi Town, Tiruvarur District.

For Petitioner : V.Vijay Shankar For Respondents : D.Vairamurthy Special Government Pleader

O R D E R

The petitioner has come up with the present writ petition for a mandamus, directing the respondents 1 and 2 to provide security and protection to the petitioner and his family, in order to enable them to enjoy the property to an extent of 3.51 acres in Survey No.4551, New T.S.No.62 and 142/1 in Block No.94, VOC Road, Mannargudi Town, Tiruvarur District, without any hindrance.

2. The petitioner is the absolute owner of a land admeasuring 3.51 acres in New Town Survey No.62 and 142/1 in Block No.94 of Mannargudi Town by way of a will executed by his grandfather in 1935. Since the petitioner resides at Chennai, he often visits his property at Mannargudi. While so, the third respondent and few other persons have encroached into his land and prevents him to enter into his property. A complaint was also lodged against the third respondent before the respondent police in this regard. Since no action was forthcoming, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is before this court with this writ petition.

3. Learned counsel appearing for the petitioner submitted that the petitioner is aged about 75 years and is suffering from Cancer. Since he was threatened by the third respondent along with some antisocial elements, the petitioner is desirous of disposing of his property and hence he used to visit his property frequently.

4. On instructions, the learned Special Government Pleader, filed a status report filed by the second respondent wherein, in paragraph 6 the petitioner specifically prays for a direction to the respondents 1 and 2 to provide security and protection to him and his family. Such statement is recorded.

5. Considering the above facts and circumstances of the case and considering the submission made by the learned counsel appearing for the petitioner, this Court directs the respondents 1 and 2 / The Superintendent of Police, Tiruvarur District, Tiruvarur and The Inspector of Police, Mannargudi, Tuticorin District to give adequate protection to the petitioner and his family members as and when he visits his property, upon prior intimation to the respondents. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rm To 1 The Superintendent of Police Tiruvarur District, Tiruvarur.

2 The Inspector of Police Mannargudi, Tuticorin District.

+1 cc to Mr.V.Vijayashankar Advocate sr 44060 W.P.No.10674 of 2017 lrs(co) aa05/07/2017 https://hcservices.ecourts.gov.in/hcservices/