M.R.Mathaiyan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 6229 of 2025 M.R.Mathaiyan(senior citizen,aged 75) ... Petitioner Vs.

1. The Comissioner of Police, O/o. The Commissioner of Police, Line Medu, Gugai, Salem 636 006.

2. The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Ammapettai Range Office, Teachers Colony, Masinayakanpatti, Ayothiyapattinam, Salem 636 103.

3. The Inspector of Police, Ammapettai Police Station, Ammapettai, Salem 636 003.

4. M.R.Chinnanan

5. Mrs.C.Gowri

6. C.Naveen Kumar

7. M.R.Sakunthala ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 14.11.2024 and consequently direct the 3rd respondent to give adequate police protection to the petitioner and property at Door No.27/12, Narasima Chetty Street, Ammapettai, Salem District.

For Petitioner : Mr. L. Mouli For Respondents : Mr.K.M.D. Muhilan, Govt. Advocate (crl.side) for R1 to R3

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 3 to consider the petitioner's representation dated 14.11.2024 and consequently direct the 3rd respondent to give adequate police protection to the petitioner and property at Door No.27/12, Narasima Chetty Street, Ammapettai, Salem District.

2. According to the petitioner, he was allotted the property of house and land situated at Door No.27/12, Narasima Chetty Street, Ammapettai, Salem District based on Koorchit dated 30.01.1991. The petitioner's brother, seeking partition in the abovesaid property, filed a suit in OS.No.147 of 2004 before the Fast Track Court Salem, however, the suit was dismissed and the same was decreed in favour of petitioner on 07.03.2005. The appeal filed by his brother in AS.No.566 of 2006 was also dismissed on 22.07.2013. Therefore the petitioner is the absolute owner of the abovesaid property based on the Koorchit dated 30.01.1991 and he has

been in peacefull possession and enjoyment of the said property. Based on the Koorchit, the abovesaid Chinnanan executed a settlement deed in favour of his wife/5th respondent in respect of his share and thereafter, the 5th defendant executed a sale deed in favour of one Jeyalakshmi. While being so, the brother of the petitioner, stole the house key and illegally tress passed in to petitioner's house on 11.11.2024 and when the same was questioned by the petitioner and his wife and son, the respondents 4 to 7 abused them in a filthy language and also threatened them with dire consequences. Apprehending danger of life and limbs to secure petitioner's property, he made a representation to the respondents 1 to 3 on 14.11.2024 seeking police protection for his life and property, however, the same is kept pending without any action. Hence, the present writ petition is filed.

3. Heard both sides and perused the materials available on record.

4. Without expressing any opinion on the merits of the matter, the 3rd respondent is directed to conduct enquiry on the complaint/representation made by the petitioner on 14.11.2024 after issuing notice to the petitioner and the respondents 4 to 7 herein and dispose of the same within a period of 12 (twelve weeks) from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs.

21.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order msr To

1. The Commissioner of Police, O/o. The Commissioner of Police, Line Medu, Gugai, Salem 636 006.

2. The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Ammapettai Range Office, Teachers Colony, Masinayakanpatti, Ayothiyapattinam, Salem 636 103.

3. The Inspector of Police, Ammapettai Police Station, Ammapettai, Salem 636 003.

G.K.ILANTHIRAIYAN, J.

msr W.P.No. 6229 of 2025 21.02.2025