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Madras High CourtWP/25487/2023disposed of

Maria Emali v. The Superintendent Of Police

2023-08-30Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Maria Emali W/o.Manikandan ... Petitioner Vs.

1.The Superintendent of Police, Namakkal, Namakkal District.

2.The Deputy Superintendent of Police, Namakkal, Namakkal District.

3.The Inspector of Police (Incharge), Erumapatti Police Station, Erumapatti, Namakkal District.

4.The Sub-Inspector of Police, Erumapatti Police Station, Erumapatti, Namakkal District.

5.Angamuthu S/o.Maruthapillai 1/5

6.Baskar S/o.Angamuthu 7.Nathiya W/o.Baskar

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 to 4 to provide police protection for the construction of residential house of the petitioner in S.No.369/33 to the extent of 1527 sq.ft. situated at Devarayapuram Village, Senthamangalam Taluk, Namakkal District, based on the complaint of the petitioner dated 31.07.2023. For Petitioner : Mr.S.Doraisamy for Mr.V.Elangovan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R4] *****

O R D E R

This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 to provide police protection for the construction of residential house of the petitioner in S.No.369/33 to an extent of 1527 sq.ft. situated at Devarayapuram Village, Senthamangalam Taluk, Namakkal District, based on the complaint of the petitioner dated 31.07.2023. 2/5

2. Heard Mr.S.Doraisamy, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents 1 to 4.

3. Learned Additional Public Prosecutor appearing for respondents 1 to 4 submitted that on the complaint given by the petitioner, a petition enquiry is pending in CSR No.334 of 2023 on the file of the fourth respondent police and a final decision will be taken on the complaint given by the petitioner.

4. The fourth respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in Lalitha Kumari Vs. Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the Supreme Court has enumerated the nature of cases where preliminary enquiry can be conducted and has also restricted the period, for which preliminary enquiry can be conducted. The fourth respondent is also 3/5

directed to complete the enquiry in the case and take a decision within a period of two (2) weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs. 30.08.2023 Index : Yes/No Internet : Yes/No gm To 1.The Superintendent of Police, Namakkal, Namakkal District.

2.The Deputy Superintendent of Police, Namakkal, Namakkal District.

3.The Inspector of Police (Incharge), Erumapatti Police Station, Erumapatti, Namakkal District.

4.The Sub-Inspector of Police, Erumapatti Police Station, Erumapatti, Namakkal District.

5.The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J gm 30.08.2023 5/5