N.Jayaraman v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR WP.NO.11081 OF 2021 N.JAYARAMAN ... Petitioner Vs.
1. The Superintendent of Police, Villupuram District at Villupuram.
2. The Inspector of Police, Villupuram Town (west) Police Station, Villupuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ, order or direction and in particular to issue a Writ of Mandamus directing the 2nd Respondent herein viz The Inspector of Police, Villupuram Town (West) Police Station, Villupuram District to give police protection to the petitioner herein and his property as he apprehends danger to his life and property. For Petitioner : Mr.R.T.Vijayaragavan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
(Through Video Conferencing) This Writ Petition has been filed seeking for police protection to the petitioner and his property as he apprehends danger to his life and property.
2.The learned Additional Public Prosecutor appearing for the respondents submits that the petitioner's representation dated 17.02.2021 was registered in CSR.No.132 of 2021 and the enquiry was pending.
3.In view of the submission, the respondent police is directed to complete the enquiry based on the petitioner's representation dated 17.02.2021 within a period of one month
from the date of receipt of a copy of this order. If the petitioner is able to produce any Civil Court Order in his favour seeking removal of encroachment and the same to be acted upon.
4.With the above directions, this petition is disposed of. No costs.
SSI Sd/- 28.06.2021 "For Being Mentioned"
This case having been listed under the caption for being mentioned in pursuance of the order of this Court dated 30.04.2021 and made herein in the presence of Mr.R.T.Vijayaraghavan, Advocate for the Petitioner and of Mr.A.Damodaran, Counsel for Government of Tamil Nadu (Crl.Side), for the Respondents and this Court made the following order:- This matter is posted today before this Court under the caption "For Being Mentioned."
2. Heard the learned counsel on either side.
3. It is seen from the petitioner's representation dated 17.02.2021, based on which, CSR.No.132 of 2021 came to be registered, that the petitioner had settled the property in favour of his daughter which has been objected by Sivaraman of Nandanar Street and the petitioner's brother Lakshmanan at Ramamoorthy Street, along with certain rowdy elements. The petitioner produced the photographs of obstruction and also the presence of the Police Officer. For this, he had sought for protection for putting up the compound wall, however, in the prayer, it is not specific. Hence, in the order dated 30.04.2021 it is not mentioned. Hence, clarification is now sought for.
4. In view of the above, on a perusal of the materials and the prayer, a direction is issued to the respondent police to give protection to the petitioner for putting up a compound wall in his property without any obstruction, unless there is any orders from Competent Civil Court.
5. The Registry is directed to carry out the necessary amendment and issue fresh order copy.
Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar ssi/dna To 1.
The Superintendent of Police, Villupuram District at Villupuram.
To be Substituted order Already Despatched on 2.
The Inspector of Police, 22.07.2021 Villupuram Town (west) Police Station, Villupuram District.
+1cc to Mr.R.T.Vijayaragavan, Advocate SR.No.36478 W.P.No.11081 of 2021 RSI(CO) GMY(02/07/2021) CS/11/08/2021