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Madras High CourtWP/26491/2023disposed of

S.S.Sivakumar v. The District Superintendent Of Police,

2023-09-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.25899 of 2023

1. S.S.Sivakumar

2. K.Dhandapani

3. Hemalatha .. Petitioners

Versus

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

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

3. The Inspector of Police, Karamadai Police Station, Karamadai, Coimbatore District.

4. R.Bala Kulandaivel ..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 petitioners and their family members to continue their agricultural works in their lands to an extent of about 2.50 acres in S.No.508/3, 0.51 Acres in S.No.509 and 1.08 acres in S.No.508/1 along with Well & 7HP Pump-set of Vadavalli Village, Annur 1/4

Taluk, Coimbatore District (more fully described in the schedule contained in the judgment and decree dated 08.12.2022 in I.A.No.2 of 2022 in O.S.No.865 of 2022).

For Petitioners : Mr.K.Doraisami, Senior Counsel, 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 Police protection to the petitioners and their family members to continue their agricultural works in the subject properties.

2. The learned Additional Public Prosecutor, on instructions, submitted that based on the complaints given by the petitioners, an enquiry is pending in C.S.R.No.346 of 2023, dated 09.09.2023.

3. The petitioners are directed to co-operate with the Police for enquiry and the respondent Police 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 respondent 2/4

Police shall take a decision regarding the further course of action. This process shall be completed by the respondent Police within a period of two weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition is disposed off. No costs. Consequently, connected miscellaneous petition is closed. 11.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

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

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

3. The Inspector of Police, Karamadai Police Station, Karamadai, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs and W.M.P.No.25899 of 2023 11.09.2023 4/4