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Madras High CourtWP/31420/2023disposed of

Dr. G.Susheela v. The Superintendent Of Police

2023-11-08Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08-11-2023

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Dr.G.Susheela ... Petitioner Vs.

1.The Superintendent of Police, Thiruvarur District.

2.The Deputy Superintendent of Police, Thiruthuraipoondi Sub-Division, Thiruvarur District.

3.The Inspector of Police, Kottur Police Station, Thiruvarur District.

4.Mr.Uthirapathi @ Sarkunam 5.Mr.Anbazhagan 6.Mr.Mohanasundaram @ Karthik ... Respondents

Prayer: Writ Petition has filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the first to third respondents to provide adequate police protection to the petitioner, her family members and her properties from the fourth to sixth respondents and their kattapanchayat activities.

For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents-1 to 3 : Mr.S.Udaya Kumar, Government Advocate (Criminal Side).

O R D E R

The petitioner herein, in view of the property dispute among the family members, had earlier given a complaint to the third respondentPolice against respondents 4 to 6. On the said complaint, later on an enquiry was conducted and the same was closed, since the sixth respondent has given an undertaking that he will not create any trouble to the petitioner.

2. However, it is contended by the learned counsel appearing

on behalf of the petitioner that when the petitioner visited her Native Village on 08.07.2023, she was attacked and abused by the fifth respondent and others. She was admitted in the Thiruthuraipoondi Government Hospital on the same day and the third respondent-police has recoded her statement on 09.07.2023. But no action was taken so far. Since she wants to visit her Native Village again, she seeks police protection by means filing the present Writ Petition.

3. The learned Government Advocate (Criminal Side), appearing on behalf of respondents 1 to 3, submits that based on the statement given by the petitioner, the third respondent-police caused summon to the petitioner to participate in the enquiry. But she has sent a letter to the respondent-police by stating that due to her ill-health, she is not in a position to participate in the enquiry and she assured that she will attend the enquiry after she recovered from her illness. Therefore, the third respondent-police is not able to proceed further on her complaint.

4. The learned counsel appearing on behalf of the petitioner states that the petitioner within ten days will appear before the third

respondent-police and participate in the enquiry.

5. Recording the abovesaid statement of the learned counsel appearing on behalf of the petitioner, the present Writ Petition is disposed of with a direction to the third respondent-police to complete the investigation and proceed further in accordance with law, within a period of two months. There shall be no order as to costs. 08-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn Office to Note: Issue order copy by 10.11.2023.

To 1.The Superintendent of Police, Thiruvarur District.

2.The Deputy Superintendent of Police, Thiruthuraipoondi Sub-Division, Thiruvarur District.

3.The Inspector of Police, Kottur Police Station, Thiruvarur District.

4.The Public Prosecutor, High Court of Madras, Chennai.

DR.G.JAYACHANDRAN, J.

Svn WP 31420 of 2023 08-11-2023