Madras High CourtWP/31386/2022disposed of

Dr.Durai Shanmuga Manikandan v. The Director General Of Police Hopf

2023-01-27Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Dr.Durai Shanmuga Manikandan ... Petitioner Vs.

1. The Director General Police, HoPF, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Commissioner of Police, Office of the Tambaram Police Commissioner, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai-600 119.

3. The Deputy Commissioner of Police, Tambaram, Chennai.

4. The Inspector of Police, Maraimalar Nagar Polcie Station, Chengalpattu District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of Constitution of India to issue an interim direction directing the respondents to provide police protection to the petitioner enabling him to live peacefully and perform his social activities, pending disposal of the writ petition.

For Petitioner : Mr.Sankarasubbu for Ilayaraja Kandasamy For Respondents : Mr.S.Santhosh Government Advocate(Crl.side) O R D ER This Writ Petition has been filed to direct the respondents to provide police protection to the petitioner enabling him to live peacefully and perform his social activities, pending disposal of the writ petition.

2. The learned counsel for the petitioner submitted that the petitioner is a State Vise President, OBC Wing of Bharathiya Janata Party (BJP). He used to travel all over the State in connection with the political work. The petitioner suffered threat perception from some of his enemies. Therefore, petitioner filed W.P.No.15211 of 2022 before this Court seeking police protection. This Court on 20.06.2022, directed the respondent therein to consider the petitioner's 2/6

representation and pass suitable orders within a period of one week from the date of receipt of copy of the order. He further submitted that on 16.09.2022, there was a proceedings issued by the 2nd respondent/ Commissioner of Police, Tambaram Police Commissioner giving direction to the 3rd respondent/ Deputy Commissioner of Police (law and order) Tambaram to pass relevant orders on the representation of the petitioner dated 03.09.2022. He further submitted that threat perception to the petitioner still continues. In this regard, FIR in Crime No.514 of 2022 was registered. Thus, he prays for positive direction for police protection.

3. In reply, the learned Government Advocate (Crl. Side) submitted that based on the basis of petitioner's representation dated 03.09.2022, 2nd respondent/ Commissioner of Police, Tambaram Police Commissioner issued instructions to the 3rd respondent/ Deputy Commissioner of Police (law and order) Tambaram. He further submitted that a proposal also sent to the Director General of Police for taking necessary action. He further submitted that, before considering the petitioner's representation for police protection, intelligence 3/6

report has to be received to asses the real threat perception. Petitioner is also involved in real estate business and there are criminal cases filed against him . On the basis of the representation given by the petitioner, the respondent police would take appropriate action.

4. In the light of the submission made by the counsels on either parties and by the considering the proceedings issued by the Commissioner of Police in R.C.No.C2/527/14793/2022 dated 16.09.2022 that already instructions were given to the Deputy Commissioner of Police (Law and Order), Tambaram and proposal had also been sent to the Director General of Police in the matter of providing police protection, this Court is of the view that no further order is required to be passed. However, the respondent police is directed to process the proposal sent to the Director General of Police by Commissioner of Police, Tambaram Police Commission and pass appropriate order within a period of four weeks from the date of receipt copy of this order. 4/6

5. With the above observations and directions, this Writ Petition is disposed of.

27.01.2023 Internet : Yes / No Index : Yes / No Sma To

1. The Director General Police, HoPF, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Commissioner of Police, Office of the Tambaram Police Commissioner, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai-600 119.

3. The Deputy Commissioner of Police, Tambaram, Chennai.

4. The Inspector of Police, Maraimalar Nagar Polcie Station, Chengalpattu District.

5 The Public Prosecutor, Madras High Court.

5/6

G.CHANDRASEKHARAN,J.

Sma 27.01.2023 6/6