Mohamed Saleem v. The Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.10.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.4807 of 2021 Mohamed Saleem ..Petitioner
Versus
1. The Inspector General West Zone, Coimbatore, Race Course Road, Thomas Park, Race Course, Coimbatore 641018.
2. The Deputy Inspector General, Sale Range Office Division, Hasthampatti, Salem 636007.
3. The Superintendent of Police, Sankari Main Road, Nethimedu, Salem 636002.
4. The Inspector of Police, Vazhapadi Police Station, Vazhapadi, Salem 636115.
5. Indhumathi
6. Angamuthu
7. Ramesh
8. Jagadeesan
9. Sakthi 10.Vadivel 11.Balaji 12.Sakthivel 13.Arumugam 14.Anandhan 15.Kamalam 16.Rajammal 17.Balaji ..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 4 to provide police protection to the petitioner by considering his representation dated 19.01.2021.
For petitioner : Mr.M.Sridhar For respondents for RR1 to 4 : Mr.T.N.C.Kaushik for RR5, 7, 9 to 12, 14 & 17 : Mr.T.Sundaravadanam for RR6, 8, 13, 15 & 16 : No Appearance
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to provide police protection to the petitioner by considering his representation dated 19.01.2021.
3. Heard Mr.M.Sridhar, learned counsel appearing for the petitioner, Mr.T.N.C.Kaushik, learned Government Advocate appearing for the respondents 1 to 4 and Mr.T.Sundaravadanam, learned counsel appearing for the respondents 5, 7, 9 to 12, 14 and 17.
4. The case of the petitioner is that he along with his brother Mubarak Ali have agricultural lands and grinding mill in the name of EMJEM PULVARISING since 2005 and a permit was obtained from the local Panchayat. They would further state that the respondents 5 to 17 have encroached upon the public street, which caused hindrance to the movement of the Vehicle. Hence, he filed a Writ Petition No.7212 of 2016 for removal of the encroachment. The Writ Petition was disposed of on 17.03.2016 and thereafter, encroachment was removed.
5. The learned counsel appearing for the petitioner would state that subsequent to the removal of the encroachment, the private respondents are causing threat to the petitioner, hence, he made a representation to the respondents 1 to 4, but no action has been taken to provide police protection to the petitioner. Hence, the present Writ Petition.
6. The learned Government Advocate appearing for the
respondents 1 to 4 would state that so far no complaint has been received from the petitioner and if any specific incident takes place and a complaint is given, the fourth respondent, who is the competent authority, is ready to take action in accordance with law.
7. Perusal of the representation dated 19.01.2021 would reveal that the petitioner has not given any specific incident of threat. According to the learned Government Advocate also, no specific complaint has been given by the petitioner so far.
8. In the light of the above facts, the Writ Petition is closed giving liberty to the petitioner to lodge a complaint to the fourth respondent if any untoward incident happens in future. It is needless to mention that on receipt of such complaint, the fourth respondent shall take action in accordance with law. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pvs To
1. The Inspector General West Zone, Coimbatore, Race Course Road, Thomas Park, Race Course, Coimbatore 641018.
2. The Deputy Inspector General, Sale Range Office Division, Hasthampatti, Salem 636007.
3. The Superintendent of Police, Sankari Main Road, Nethimedu, Salem 636002.
4. The Inspector of Police, Vazhapadi Police Station, Vazhapadi, Salem 636115.
+1cc to the Government Pleader, S.R.No.54644 W.P. No.4807 of 2021 GPL(CO) RGA(15/11/2021)