Madras High CourtWP/13425/2022disposed of

S.Ponnuvel v. The State Represented By

2022-06-10Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.13425 of 2022 S.Ponnuvel ... Petitioner Vs.

1.The state represented by The Superintendent of Police Ambur, Thiruppur District 2.The Inspector of Police Town Police Station Ambur, Thiruppur District 3.K.Sankar 4.M.Mathiyalagan 5.K.Karaththe Mani 6.M.Balaji 7.Murugan 8.S.Kesavan 9.S.Vasanthi 10.S.Thiyagu ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1 and 2 respondents to give police protection to the petitioner complaint dated 16.03.2022, in C.S.R.No.138 of 2022 and consequently complete investigation and take action against the respondents 3 to 10.

For Petitioner : Mrs.M.Devi Rudra For Respondents: Mr.A.Gokulakrishnan Additional Public Prosecutor for R1&2 Mr.R.Selvaraj for R3 to R7 Mr.T.M.Hariharan for R8 & R9

ORDER

This petition has been filed seeking for a direction, directing the 1 and 2 respondents to give police protection to

the petitioner's complaint dated 16.03.2022 pending in C.S.R.No.138 of 2022 and consequently complete the investigation and take action against the respondents 3 to 10. 2.It is the contention of the learned counsel for the petitioner that there is a dispute in respect of his ancestral property which is the subject matter of the Second Appeal in S.A.No.1989 of 2003. At this stage, some third parties are interfering with the possession and preventing the petitioner from visiting his mother and the complaint given in this aspect was also not enquired so far. Hence this petition is preferred seeking police protection.

3.Mr.A.Gokulakrishnan, the learned Additional Public Prosecutor submitted that the enquiry in C.S.R.No.138 of 2022 is pending and the same will be completed within a period of two weeks by the 2nd respondent, if the petitioner cooperates for the investigation.

4.In such view of the matter, when the C.S.R.No.138 of 2022 is already pending, a blanket order cannot be granted and at the same time any law and order or criminal offence is made out, the 2nd respondent police is directed to act as per law. 5.Accordingly, the petitioner is directed to appear before the 2nd respondent police within a period of one week from today. On such appearance, the respondent police is directed to expedite the enquiry and complete the process and file a report either positive or negative as the case may be. 6.With the above direction, this Writ Petition stands disposed of.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kas To.

1.The Superintendent of Police Ambur Thiruppur District 2.The Inspector of Police Town Police Station Ambur Thiruppur District

3.The Public Prosecutor High Court of Madras, Chennai.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.34662 +1cc to Mr.T.M.Hariharan, Advocate, S.R.No.34324 W.P.No.13425 of 2022 SMI(CO) SB(22/06/2022)