Dr.K.Shoukath Ali v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.23151 of 2023 Dr.K.Shoukath Ali .. Petitioner Vs.
1.The Superintendent of Police, Salem, Salem District.
2.The Deputy Superintendent of Police, Mettur, Salem, Salem District.
3.The Inspector of Police, Omalur Police Station, Salem District.
..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, to direct the respondents to grant adequate police protection to the petitioner's life and his property at Survey No.227/2B, Amani Omalur Village, Salem District, situate within the Salem West Registration jurisdiction, to an extent of 31,204 sq.ft (4 plots x 7801 sq.ft each) by considering representation dated 24.06.2023.
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For Petitioner : Mr.Sarath Chandran for Swarnam J.Rajagopalan For Respondents : Mr.A.Damodaran Additional Public Prosecutor
O R D E R
This writ petition has been filed for a direction to the respondent police to provide police protection based on the representation made by the petitioner on 24.06.2023.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3.The case of the petitioner is that the petitioner is a Decree holder passed in O.S.No.85 of 2010 by the learned Sub-Judge Mettur, Salem. Pursuant to the Decree, the Sale Deed was also registered in favour of the petitioner on 27.09.2012, registered as Document No.7949 of 2012. This Sale Deed was by the Court which passed the Decree. Thereafter, the petitioner has also mutated his name in the revenue records and he has been in possession and enjoyment of the 2/6
subject property.
4.The grievance of the petitioner is that some persons claiming themselves to belong to the particular political party were attempting to encroach upon the property. Some of the mobsters belonging to the political party also threatened the petitioner. In view of the same, the petitioner gave a complaint / representation to the respondents on 18.07.2023. The grievance of the petitioner is that the complaint has not been acted upon and left with no other alternate, the present writ petition has been filed before this Court. 5.The learned Additional Public Prosecutor on instructions submitted that the petitioner can come in person before the 3rd respondent and express his grievance by submitting all the relevant documents. On receipt of the same, the 3rd respondent will take action in accordance with law. 6.In view of the above stand taken by the respondents, there shall be a direction to the petitioner to appear before the 3rd respondent on 10.08.2023 at 11 a.m., along with all the relevant documents. The 3rd respondent shall make an 3/6
enquiry and if the petitioner is sufficiently safeguarded by a Decree passed by the competent Court and also his name has been mutated in the revenue records, shall take action against the person who are attempting to threaten the petitioner and to take over the property illegally.
7.This writ petition is disposed of with the above directions. No Costs. 07.08.2023 Index : Yes/No Internet : Yes/No ssr Note: Issue Order Copy on 09.08.2023 To 1.The Superintendent of Police, Salem, Salem District.
2.The Deputy Superintendent of Police, Mettur, Salem, Salem District.
3.The Inspector of Police, Omalur Police Station, Salem District.
4. The Public Prosecutor 4/6
High Court of Madras, Madras.
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N.ANAND VENKATESH, J ssr W.P.No.23151 of 2023 07.08.2023 6/6