A.Manikandan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.(Crl.).No.10751 of 2023 A.Manikandan

...Petitioner

Vs.

1 The Commissioner of Police No. 132 EVK Sampath Road Greater Chennai, Vepery, Chennai - 600007.

2 The Inspector of Police, R-5 Virugambakkam Police Station Chennai.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st Respondent to consider the representation dated 07.03.2023 and take appropriate action and grant police protection for peaceful possession of the property. 1/5

For Petitioner : M/s.L.Infant Dinesh For Respondent : Mr.S.Santhosh, Government Advocate (Crl. Side)

ORDER

The petition is filed seeking Writ of Mandamus, praying for a direction to the 1st respondent to consider the petitioner's representation dated 07.03.2023 and grant police protection for peaceful possession of the property.

2. The leaned counsel for the petitioner would submit that the petitioner had purchased the property on 13.02.2023 and he is in possession of the same. However, some unknown persons are disturbing the peaceful possession by claiming right over the property.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that, based on the complaint and representation given by the petitioner, the respondent police had issued CSR.No.118 of 2023, in which, enquiry is pending; that the respondents would issue notice to the petitioner as well as persons alleged to have been disturbing the peaceful possession of the petitioner and take further action, in accordance with law.

2/5

4. In view of the submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor, it would suffice to direct the respondents to conduct the enquiry in CSR.No.118 of 2023 by calling all the parties concerned and take further action in accordance with law.

5. The learned counsel for the petitioner at this juncture submitted that the 2nd respondent is in possession of the keys of his property. The 1st respondent after enquiry may also take such decision as he considers appropriate in the facts and circumstances of the case, with regard to handing over the keys to the petitioner.

6. In view of the above, the Writ Petition stands allowed. No costs. 11.04.2023 shr Index :Yes/No Internet :Yes/No 3/5

To 1 The Commissioner of Police No. 132 EVK Sampath Road Greater Chennai, Vepery, Chennai - 600007.

2 The Inspector of Police, R-5 Virugambakkam Police Station Chennai.

4/5

SUNDER MOHAN, J.

shr W.P.(Crl.).No.10751 of 2023 11.04.2023 5/5