State Of Tamil Nadu v. K. Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 5.9.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1664 of 2018 and C.M.P.No.13386 of 2018

1. State of Tamil Nadu, Rep. by its Home Secretary Fort St. George Chennai-9.

2 The Director General of Police Police Head Quarters Chennai-4.

3 The Superintendent of Police Nagapattinam District Nagapattinam.

...Appellants/Respondent

Versus

K. Rajendran

...Respondent/Petitioner

Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 28.5.2015 passed in W.P.No.15401 of 2015 on the file of this court.

W.P.No.15401 of 2015 Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus,Directing the respondents to provide armed police security to the petitioner main office at 2E Cutcherry Road Mayiladuthurai and provide personal armed police security to petitioner based on the representation on 25.05.2015.

For appellants : Mr.R.Govindasamy, Special Government Pleader For respondent : No appearance.

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellants.

2. The writ appeal has been filed by the State challenging the order passed by the learned Single Judge in directing the appellants to provide armed police security to the respondent herein and his main office at Mayiladuthurai based on his representation dated 22.5.2015.

3. It appears that the first respondent herein, being a practising Advocate, had submitted a representation seeking for armed police security for himself and his office at Mayiladuthurai, contending that he had been receiving several threats to his life consequent to his religious activities and once his office also was attacked and since there was no response, he had filed the writ petition wherein, the learned Single Judge has issued the above direction.

4. Now, it is submitted on behalf of the appellants that the reports received from the Intelligence Bureau, Special Division CID of State Intelligence do not indicate, even remotely, any threat perception to the respondent.

5. In view of the current state of affairs as submitted by the learned Special Government Pleader, we are of the view that there is no necessity for extending any police security as ordered by the learned Single Judge. Accordingly, the writ appeal filed by the State is disposed of. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssk.

To:

1. The Home Secretary Fort St. George Chennai-9.

2 The Director General of Police Police Head Quarters Chennai-4.

3 The Superintendent of Police Nagapattinam District Nagapattinam.

+1cc to the Government Pleader, S.R.No.62140 W.A.No.1664 of 2018 KK(CO) GSP(15/10/2018)