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Madras High CourtWP/4477/2024disposed of

G.Murugan v. The Inspector Of Police

2024-02-23Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.Murugan S/o.Goopalli ... Petitioner Vs.

1.The Inspector of Police, B-1 Police Station, Dharmapuri Taluk, Dharmapuri District.

2.The Thasildar, Dharmapuri Taluk, Dharmapuri District.

3.Madhammal D/o.Kunji Gounder 4.Kaliyammal D/o.Kunji Gounder 5.Malar D/o.Kunji Gounder 1/6

6.Kaveri D/o.Kullan @ Kaliyappan 7.Ramachandran S/o.Kullan @ Kaliyappan 8.Arumugam S/o.Kullan @ Kaliyappan

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the first respondent to provide adequate police protection to survey and fence the petitioner's properties comprised in S.No.488/6 measuring to an extent of 0.24.50 hectares and S.Nos.488/4B measuring to an extent of 0.06.50 hectares situated at Kuppur Village, Dharmapuri Taluk, Dharmapuri District by considering the petitioner's complaint dated 09.01.2024 within a stipulated period.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to provide adequate police protection to survey and fence the petitioner's properties comprised in S.No.488/6 measuring to an extent of 2/6

0.24.50 hectares and S.Nos.488/4B measuring to an extent of 0.06.50 hectares situated at Kuppur Village, Dharmapuri Taluk, Dharmapuri District by considering the petitioner's complaint dated 09.01.2024 within a stipulated period.

2. Heard Mr.M.Mohamed Riyaz, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 and 2.

3. Learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that on the complaint given by the petitioner, a petition enquiry is pending in CSR No.49 of 2024 on the file of the first respondent police and a final decision will be taken on the complaint given by the petitioner.

4. The first respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. 3/6

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 first 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. The first respondent shall take note of the decree that was passed in O.S.No.118 of 2019, dated 20.02.2020 by the District Munsif Court, Dharmapuri and the earlier order that was passed in W.P.No.11903 of 2023, dated 20.04.2023. With the above direction, this Writ Petition is disposed of. No costs. 23.02.2024 Index : Yes/No Speaking Order/Non-speaking Order gm 4/6

To 1.The Inspector of POlice, B-1 Police Station, Dharmapuri Taluk, Dharmapuri District.

2.The Thasildar, Dharmapuri Taluk, Dharmapuri District.

3.The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J gm 23.02.2024 6/6