Madras High CourtWP/3927/2024disposed of

J.Praba v. The Commissioner Of Police

2024-02-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Praba, W/o.Muralishankar ... Petitioner Vs.

1. The Commissioner of Police, Tambaram Commissionerate, Tambaram - 600 119.

2. Deputy Commissioner of Police, Pallikaranai District, Pallikaranai - 600 100.

3. Assistant Commissioner of Police, Chemmanchery Range, Chennai - 600 119.

4. Inspector of Police, T-15, Chemmanchery Police Station, Chennai - 600 119.

5. N.Ravi

6. N.Sasikumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 4 to provide police protection to the petitioner to erect compound wall in the property belonging to the petitioner at Survey No.659/3 in Sholinganallur (Village No.189) Sholinganallur Village, 12th Cross Street, Boopathy Nagar measuring 7 1⁄2 cents. 1/4

For Petitioner : Mr.C.Vidhusan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R4] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 to provide police protection to the petitioner to erect compound wall in the property belonging to the petitioner at Survey No.659/3 in Sholinganallur (Village No.189) Sholinganallur Village, 12th Cross Street, Boopathy Nagar measuring 7 1⁄2 cents.

2. Heard Mr.C.Vidhusan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 to 4.

3. Learned Additional Public Prosecutor appearing for respondents 1 to 4 submitted that a petition enquiry is pending in CSR Nos.844 and 845 of 2023 on the file of fourth respondent on the complaint given by the petitioner and on the counter complaint.

4. The fourth respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. Government 2/4

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 fourth 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 fourth respondent shall also take into consideration the civil Court decree which ultimately ended before this Court in S.A.No.760 of 2021 by judgment dated 04.02.2022. With the above direction, this Writ Petition is disposed of. No costs. 19.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To

1. The Commissioner of Police, Tambaram Commissionerate, Tambaram - 600 119.

2. The Deputy Commissioner of Police, Pallikaranai District, Pallikaranai - 600 100.

3. The Assistant Commissioner of Police, Chemmanchery Range, Chennai - 600 119.

4. The Inspector of Police, T-15, Chemmanchery Police Station, Chennai - 600 119.

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5. The Public Prosecutor, High Court, Madras. N.ANAND VENKATESH, J.

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