R.Manikandan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.5211 of 2022 R.Manikandan ... Petitioner Vs.

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

2. The District Collector, Kanchipuram District, Kanchipuram.

3. The Commissioner of Police, Chennai Metro City, Vepery, Chennai - 600 007.

4. The Inspector of Police, Thuraipakkam Police Station, Thuraipakkam, Chennai - 600 096.

5. Pandiyan

6. Amaravathi

7. Rekha

8. Vadivel ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the respondents 3 and 4 to give police protection to petitioner's life and his family members life due to the illegal activities of the 5th and 8th respondents.

For Petitioner : Mr.T.V.G.Kartheeban For R1to R4 : Mr.A.Gokulakrishnan Additional Public Prosecutor For R5 to R8 : No Appearance

O R D E R

The Writ Petition has been filed to direct the respondents 3 and 4 to give police protection to petitioner's life and his family members life due to the illegal activities of the 5th and 8th respondents.

2. The case of the petitioner is that the petitioner had purchased a mobile phone for one Rekha/7th respondent, the daughter of the 5th respondent. By using that phone, the 7th respondent developed friendship with third party and that she eloped from her house. The 5th respondent and his family members suspected that the petitioner is the reason for abscondence of the 7th respondent. However, there were also certain conversations between the 7th respondent and some third parties in the phone. The family members of the 7th respondent are suspecting that the petitioner is the reason for circulating the audio clipping and they had given a false given complaint against the petitioner before M8 Sathangadu Police Station. Since, the petitioner was affected with Covid, the petitioner had sent his reply by post.

However, the family members of the 7th respondent have been harassing the petitioner and his family members. Due to which, the petitioner's wife attempted to commit suicide. Thereby, the petitioner sent a representation to the respondents 1 to 4 on 12.02.2022, seeking protection from the above said persons. Since, no action has been taken, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner would submit that though the opposite parties are related to the petitioner, they have been harassing the petitioner and his family members. Due to the harassment, the petitioner's wife had also attempted to commit suicide. Since, the petitioner's representation has not been considered, the present writ petition has been filed before this Court.

3. Learned Additional Public Prosecutor would submit that the petitioner and the 5th respondent/the father of the 7th respondent are brothers, the petitioner, without the knowledge of the 5th respondent, had purchased a mobile phone and handed over it to the 7th respondent. During the course of enquiry, it was found that the 7th respondent developed friendship with some third persons and she was absconding. The 7th respondent's parents suspected that the petitioner is the reason for her abscondence and thereby there were quarels between them as family members. He would further submit that the petitioner is presently residing at Thuraipakkam, within the jurisdiction of

the 4th respondent. The counter parties are residing within the jurisdiction of M8 Sathangadu Police Station. If necessary, the 4th respondent will conduct appropriate enquiry and if necessary, the respondents 5 to 8 will be summoned and appropriate protection will be given to the petitioner.

6. Recording the same, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rgi/ham To

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

2. The District Collector, Kanchipuram District, Kanchipuram.

3. The Commissioner of Police, Chennai Metro City, Vepery, Chennai - 600 007.

4. The Inspector of Police, Thuraipakkam Police Station, Thuraipakkam, Chennai - 600 096.

5. The Public Prosecutor, High Court of Madras.

+1cc to Mr.T.V.G.Kartheeban, Advocate SR.No.15408 W.P.No.5211 of 2022 SJ(CO) GN(22/03/2022)