R.Arogyasamy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.9.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Arogyasamy

...Petitioner

Vs.

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Inspector of Police (L&O), H-4 Korukkupet Police Station, Korukkupet, Chennai-21.

3.S.Thanga Nilavu

...Respondents

Writ Petition under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents herein to consider the representation dated 29.8.2023 requesting to provide police protection to prevent the third respondent from her illegal interference into the petitioner's peaceful possession and enjoyment of the property situate at No.11/1, Egappan Naicken Street, Korukkupet, Chennai-21 within the time frame to be fixed by this Court.

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For Petitioner : Mr.S.V.S.Ilamvazhuthu For Respondents 1 & 2 : Mr.A.Damodaran, APP

ORDER

This Petition has been filed seeking to direct respondents 1 and 2 to consider the representation dated 29.8.2023 and provide police protection to prevent the third respondent from her illegal interference into the petitioner's peaceful possession and enjoyment of the property situate at No.11/1, Egappan Naicken Street, Korukkupet, Chennai-21 within a time frame.

2. Heard the learned counsel for petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. The learned Additional Public Prosecutor appearing for respondents 1 and 2 submitted that on the complaint given by the petitioner, a petition enquiry is pending in C.S.R.No.299 of 2023 on the file of the second respondent police and a final decision will be taken on the complaint given by the petitioner.

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4. The second respondent is directed to conduct enquiry in keeping with the judgment of the Supreme Court of India in the case of 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 second respondent is also 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. 20.9.2023 Index : Yes/No Internet : Yes/No gm N.ANAND VENKATESH, J gm 3/4

To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Inspector of Police (L&O), H-4 Korukkupet Police Station, Korukkupet, Chennai-21.

3.The Public Prosecutor, High Court of Madras.

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