← Library
Madras High CourtWP/15031/2023closed

Mahalakshmi @ Lakshmi v. The Commissioner Of Police

2023-05-10Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P No.15031 of 2023 Mahalakshmi @ Lakshmi

...Petitioner

Vs.

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Kodalanpatti Police Station, Salem City.

3. Soundararajan

4. S. Jayanthi

5. Mathialagan

6. Selvam ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the first respondent to issue necessary direction to the 2nd respondent to provide police protection for the petitioner to celebrate the death anniversary of her parents at their cemetery situated at petitioner's land bearing survey number 103/1 with an extent of 1 acre 56 cents and land bearing the survey number: 91/2 with an extent of 50 cents at Periyakalam, Neikkarapatti Village, Salem South Taluk, in the limit 1/4

of the second respondent police station, scheduled to be conducted on 14.05.2023 based on the petitioner's representation dated 28.04.2023 made to the first respondent.

For Petitioner : Mr. C. Selva Kumar For Respondents : Mr. E. Raj Thilak Additional Public prosecutor for R1 & R2

ORDER

The petitioner has filed this petition seeking a direction to the first respondent to issue necessary directions to the second respondent to provide police protection for the petitioner to celebrate the death anniversary of her parents at petitioner's land bearing the survey number 103/1 with an extent of 1 acre 56 cents and land bearing the survey number: 91/2 with an extent of 50 cents at Periyakalam, Neikkarapatti Village, Salem South Taluk.

2. The learned counsel appearing for the petitioner would submit that the Respondents 3 to 6 with personal motive are illegally claiming right over the property and preventing the petitioner from conducting and celebrating the death anniversary in the property.

3.Mr.E.Raj Thilak, the learned Additional Public prosecutor appearing 2/4

for the first and second respondents would submit that the petitioner has not given any representation till date to the respondent. However, if the representation is given by the petitioner, the same will be considered by the 2nd respondent and they will take necessary action on merits and in accordance with law.

4. In view of same, the petitioner is directed to give the representation to the second respondent. The second respondent on receipt of such representation, shall consider it on its own merits and take appropriate action in accordance with law after providing opportunity of hearing to the petitioner as well as the Respondents 3 to 6 and other aggrieved parties if any.

With the above observations, this petition is closed. No costs. 10.05.2023 smn Index :Yes/No Internet :Yes/No 3/4

SUNDER MOHAN, J.

smn To

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Kodalanpatti Police Station, Salem city.

WP. No.15031 of 2023 10.05.2023 4/4