Mala v. The Superintendent Of Police
W.P.(MD) No.677 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) No.677 of 2020 Mala ... Petitioner -vs1.The Superintendent of Police Thanjavur & District 2.The Inspector of Police Thiruchitrambalam & Post Pattukottai Taluk Thanjavur District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to provide police protection to the petitioner and to other elected councilors to enter freely into the polling premises; to prevent all the strangers including sitting M.L.As Ex.M.L.As and Sitting Rajiya Sabha M.Ps. and not to arrest the elected councilors of Peravoorani Panchayat Union Council, Thanjavur District enabling them to contest and to exercise their franchise in the election scheduled on 11.01.2020 or to any other date if postponed for Chairman Election to Peravoorani Panchayat Union Council, Thanjavur District. For Petitioner :
Mr.N.Balakrishnan For Respondents :
Mr.K.Chellapandian assisted by Mr.V.R.Shanmuganathan Special Government Pleader
O R D E R
[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents to provide police protection to her and to other elected councilors to enter freely into the polling premises; to prevent all the strangers including sitting M.L.As, Ex.M.L.As and Sitting Rajiya Sabha M.Ps. and not to arrest the elected Councilors of Peravoorani Panchayat Union Council, Thanjavur District, enabling them to contest and exercise https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.677 of 2020 their franchise in the election scheduled to be held on 11.01.2020 or to any other date, if postponed, for the Chairman Election to Peravoorani Panchayat Union Council, Thanjavur District.
2. Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader, who takes notice for the respondents, submitted that the respondent Police is providing protection to all the citizens in the case of any apprehension with regard to their safety and therefore, no specific protection needs to be given to the respondent Police to give police protection to the elected candidates in the forthcoming election to the posts of Chairman and Vice-Chairman.
3. In view of the submissions made by the learned Additional Advocate General, we observe that in the case of real apprehension by any of the candidate with regard to his / her personal safety and in the case of giving a written complaint to the respective jurisdictional Police, the respective jurisdictional Police shall give appropriate protection to him / her.
4. Insofar as the other prayer not to arrest the elected Councilors of Peravoorani Panchayat Union Council, Thanjavur District, is concerned, we are not inclined to grant the said prayer for the reason that if such a prayer is granted, it would be like granting anticipatory bail in a writ petition to the petitioner. Therefore, the said prayer is rejected.
5. Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:
1.The Superintendent of Police, Thanjavur & District. 2.The Inspector of Police, Thiruchitrambalam & Post, Pattukottai Taluk, Thanjavur District.
+1 CC to M/s.N.BALAKRISHNAN, Advocate ( SR-1439[F] W.P.(MD) No.677 of 2020 scr(CO) TR(10.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2