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Madras High CourtWP/9146/2022disposed of

S.Venkatesan v. The District Superintendent Of Police

2022-04-13Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.NO.9146 OF 2022 S.Venkatesan ... Petitioner .Vs.

1. The District Superintendent of Police, Perambalur District, Perambalur.

2. The Inspector of Police, Arumbavoor Police Station, Perambalur District.

3. V.Prasanna ... 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 second respondent to consider the representation of the petitioner dated 23.03.2022 to grant Police protection to the petitioner to live peacefully in their house to secure. For Petitioner : Mr.A.Ramesh For Respondents : Mr.A.Gokulakrishnan 1 & 2 Additional Public Prosecutor

O R D E R

The Writ Petition has been filed to direct the second respondent to consider the representation of the petitioner dated 23.03.2022 to grant Police protection to the petitioner to live peacefully in his house.

2. Learned Counsel for the petitioner would submit that the petitioner is the owner of the Plot and House No.14, Poolampadi

(Post), Veepanthattai (Taluk), Perambalur District. He would submit that the plot was purchased by the petitioner in the year 2007 by a registered Sale deed dated 29.01.2007 and thereafter, out of his hard work, the petitioner has put up a house worth Rs.20 Lakhs. Now, the petitioner is aged about 70 years, and he has also conducted marriage for his son, who is 3rd respondent herein. Now, the 3rd respondent and his wife are creating problems and they are disturbing the peaceful possession and occupation of the petitioner and they are trying to drive out the petitioner from the residential house. Therefore, the petitioner has given a complaint to the respondent Police, since no action has been taken by the respondent Police. The learned counsel for the petitioner would further submit that the petitioner is also entitled to protection as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, whereas the respondents 1 and 2 are giving protection to him.

3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that based on the complaint given by the petitioner, enquiry has been initiated in C.S.R.No.66 of 2022. Due enquiry would be conducted and appropriate protection will be given to the petitioner.

4. In this case, the petitioner is a senior citizen who has sought for protection from his own son. It is the case of the petitioner that he had constructed a house out of his savings and that he has also conducted the marriage of the 3rd respondent, whereas now the 3rd respondent and his wife are creating problem and trying to evict him from the house. The respondent Police is bound to give protection to the petitioner who is a senior citizen.

5. In view of the above, a direction is issued to the 2nd respondent to consider the representation of the petitioner dated 23.03.2022 and conduct enquiry and ensure that the petitioner lives in his house peacefully without interference of the 3rd respondent.

6. With the above directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vkr/nti

To 1.

The District Superintendent of Police, Perambalur District, Perambalur.

2.

The Inspector of Police, Arumbavoor Police Station, Perambalur District.

3.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Ramesh, Advocate, S.R.No.25722 W.P.NO.9146 OF 2022 GPL(CO) PBS/02/05/2022