N.Deepa, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Deepa W/o.Mohan Kumar ... Petitioner Vs.

1. The District Collector, Namakkal District.

2. The Superintendent of Police, Namakkal District.

3. The Revenue Divisional Officer, Namakkal District.

4. The Tahsildar, Taluk Office, Namakkal.

5. The Inspector of Police, Nallipalayam Police Station, Namakkal District.

6. M.Raju

...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing 2nd and 5th respondents to provide adequate police protection to the petitioner's property, bearing Survey No.52/6, situated at Vallipuram Village, Namakkal Taluk and District based on petitioner's representation dated 29.01.2024, consequently direct the 5th respondent to restrain the trespassers from entering into petitioner's property.

For Petitioner : Ms.A.M.Amutha Ganesh For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R5] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 2 and 5 to provide adequate police protection to the petitioner's property, bearing Survey No.52/6, situated at Vallipuram Village, Namakkal Taluk and District based on petitioner's representation dated 29.01.2024 and consequently direct the fifth respondent to restrain the trespassers from entering into petitioner's property.

2. Heard Ms.A.M.Amutha Ganesh, learned counsel for petitioner and 2/4

Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 to 5.

3. Learned Additional Public Prosecutor appearing for respondents 1 to 5 submitted that a petition enquiry is pending in CSR No.76 of 2024 on the file of fifth respondent on petitioner's representation dated 29.01.2024.

4. The fifth respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. Government 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 fifth 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. N.ANAND VENKATESH, J 3/4

gm With the above direction, this Writ Petition is disposed of. No costs. 25.03.2024 Index : Yes/No Speaking Order/Non-speaking Order gm To

1. The District Collector, Namakkal District

2. The Superintendent of Police, Namakkal District.

3. The Revenue Divisional Officer, Namakkal District.

4. The Tahsildar, Taluk Office, Namakkal.

5. The Inspector of Police, Nallipalayam Police Station, Namakkal District. 6.The Public Prosecutor, High Court of Madras.

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