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Madras High CourtWP/27510/2022disposed of

K.Sampath Kumar v. The Secretary To Government

2022-11-15Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM K. Sampath Kumar ... Petitioner /vs/ 1.The Secretary to Government, Rep, by its Secretary, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police, E.V.K.Sampath Salai, Chennai - 600 007.

3.The Additional Commissioner of Police, (North), Chennai Police Commissionerate, E.V.K.Sampath Salai, Chennai - 600 007.

4.The Assistant Commissioner of Police, (L & O), Royapuram Range, Royapuram, Chennai - 600 013.

5.The Inspector of Police, (L & O), N-1, Royapuram Police Station, Royapuram, Chennai - 600 013.

... Respondents

Prayer : Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents 1 to 5 to provide proper police aid protection especially along with adequate rapid action force under the supervision of the 3rd respondent police thereby enabling to execute the delivery warrant as specified in respect of the schedule to the delivery warrant issued by the X Assistant Judge, City Civil Court in E.P.No.3536 of 1991 in O.S.No.9038 of 1979 order dated 29.08.2022.

For Petitioner ... Mr.N.R. Elango For Respondents ... Mr.E.Raj Thilak, Additional Public Prosecutor

O R D E R

The Writ Petition has been filed to direct the respondents 1 to 5 to provide proper police aid protection especially along with adequate rapid action force under the supervision of the 3rd respondent police thereby enabling to execute the delivery warrant as specified in respect of the schedule to the delivery warrant issued by the X Assistant Judge, City Civil Court in E.P.No.3536 of 1991 in O.S.No.9038 of 1979 order dated 29.08.2022.

2.

When the matter is taken up, the learned Additional Public Prosecutor appearing for the respondents submitted that on production of the civil Court order in E.P.No.3536 of 1991 in O.S.No.9038 of 1979, the respondents police are ready to provide necessary protection to execute the warrant.

3.

Recording the same, the third and fourth respondents are hereby directed to provide necessary police protection to execute the delivery warrant issued by the X Assistant Judge, City Civil Court in E.P.No.3536 of 1991 in O.S.No.9038 of 1979, within three weeks from today.

4.

With the above direction, this Writ Petition is disposed of. No costs.

15.11.2022 AT Note: Issue order copy on 16.11.2022

V.SIVAGNANAM ,J.

AT To 1.The X Assistant Judge, City Civil Court 2.The Secretaru.

Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

3.The Commissioner of Police, E.V.K.Sampath Salai, Chennai - 600 007.

4.The Additional Commissioner of Police, (North), Chennai Police Commissionerate, E.V.K.Sampath Salai, Chennai - 600 007.

5.The Assistant Commissioner of Police, (L & O), Royapuram Range, Royapuram, Chennai - 600 013.

6.The Inspector of Police, (L & O), N-1, Royapuram Police Station, Royapuram, Chennai - 600 013.

7.The Public Prosecutor, High Court, Madras.