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Madras High CourtWP/25164/2023disposed of

Perumal Mudaliar v. The District Superintendent Of Police

2023-08-25Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Perumal Mudaliar .. Petitioner

Versus

1. The District Superintendent of Police, Villupuram District, Villupuram - 605 602.

2. The Deputy Superintendent of Police, Tindivanam, Villupuram District - 604 001.

3. The Inspector of Police, Mailam Police Station, Mailam, Villupuram District - 604 304.

4. R.Vijayasamundeeswari .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 herein to forthwith give Police protection to the petitioner and his family members to continue their agricultural works in their lands of an extent of 6.22 Acres in Old S.Nos.57/8 and 57/5, New S.No.61/1 of Palapattu Village, Thindivanam Taluk, Villupuram District.

For Petitioner : Mr.Doraisamy, Senior Counsel 1/5

for Mr.Muthumani Doraisami For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for RR-1 to 3

ORDER

This Writ Petition has been filed seeking for a direction to the respondents 1 to 3 to forthwith give Police protection to the petitioner and his family members to continue their agricultural works in their lands to an extent of 6.22 Acres in Old S.Nos.57/8 and 57/5, New S.No.61/1 of Palapattu village, Thindivanam taluk, Villupuram district.

2. The learned Senior Counsel appearing on behalf of the petitioner submitted that the civil proceedings have ended in favour of the petitioner and even the review application that was filed by the fourth respondent came to be dismissed by this Court by order, dated 05.07.2023. Inspite of the same, the fourth respondent is repeatedly causing threat and interfering with the agricultural activity done by the petitioner in the subject property.

3. The learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner, petition enquiry is pending in C.S.R.No.887 of 2023 on the file of the respondent Police. 2/5

4. The petitioner is directed to co-operate with the Police for enquiry and the third respondent shall conduct the enquiry keeping in mind the judgment in Lalitha Kumari vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353. On completion of the enquiry, the third respondent shall take a decision regarding the further course of action. This process shall be completed by the third respondent within a period of two weeks from the date of receipt of copy of this order. The third respondent shall keep in mind the Civil Court decree that has already ended in favour of the petitioner.

5. With the above directions, this Writ Petition is disposed off with the above directions. No costs.

25.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/5

To

1. The District Superintendent of Police, Villupuram District, Villupuram - 605 602.

2. The Deputy Superintendent of Police, Tindivanam, Villupuram District - 604 001.

3. The Inspector of Police, Mailam Police Station, Mailam, Villupuram District - 604 304.

4. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs 25.08.2023 5/5