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Madras High CourtWP/6797/2021disposed of

Kumar v. State Rep By

2021-03-16Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.6797 of 2021 Kumar, S/o.Devaraj .. Petitioner vs.

1.State, rep. By The Commissioner of Police, Tiruppur City.

2.The Inspector of Police, Nallur Police Station, Nallur, Tiruppur District.

3. M.Ramamoorthy .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Respondents 1 & 2 to provide adequate police protection to the life and liberty of the petitioner's entire family members, including his son namely Balaji and Akshaya who is the daughter of 3rd Respondent, by considering the petitioner representation dated 04.03.2021.

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This petition has been filed for issuance of writ of Mandamus directing the respondent police to provide police protection to the petitioner and his family based on the representation made by the petitioner on 04.03.2021.

2. The case of the petitioner is that his son and the daughter of the third respondent fell in love and there was an

intercaste marriage which took place on 03.03.2021. The marriage was also registered before the Joint Sub Registrar, Coimbatore on the same day.

3. The grievance of the petitioner is that the third respondent was not agreeable to the marriage and therefore, he started causing threat to the petitioner and his family members. As a result of the same, the petitioner had to vacate the property and live elsewhere along with his son and daughter-in-law. The petitioner, therefore, gave a complaint to the respondent police on 04.03.2021 seeking for police protection. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.M.Vijay Ragavan, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the case and the nature of the grievance expressed in this writ petition, there shall be a direction to the second respondent to act upon the representation made by the petitioner on 04.03.2021. The second respondent shall call the parties for enquiry and specifically instruct the third respondent and his relatives not to interfere with the life of the petitioner and his son and daughter-in-law. The daughter of the third respondent is a major and she has chosen to marry the son of the petitioner and that does not give any right to the third respondent to cause threat to the petitioner and his family members. If the third respondent continues to exert any threat, action shall be taken immediately in accordance with law. If required, police protection shall also be given by the second respondent.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To

1. The Commissioner of Police, Tiruppur City.

2. The Inspector of Police, Nallur Police Station, Nallur, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

+1 CC.to Mr. Vijaya Raghavan, Advocate, Sr.No.16605 BS(CO) SM/17/03/2021 (IT) W.P No.6797 of 2021