Radha Krishnan.K.R.M v. The Insepctor General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.R.M.Radha Krishnan ... Petitioner Vs.

1.The Inspector General of Police, South Zone, No.1, New Naththam Road, 2.The Superintendent of Police, Korampallam, Thoothukudi - 628 101.

3.The Inspector of Police, Aarumuganeri Police Station, Aarumuganeri - 628 202.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd and 3rd respondents to continue the security provided to the petitioner until such time the threat persists. For Petitioner : Mr.Kamalakannan For Mr.R.Velusamy For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 2.The petitioner is a political functionary. He had contested as a candidate recently held assembly election. The petitioner was given police protection. However, the same was withdrawn. The petitioner apprehends threat to his life. He has therefore given a representation.

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3.Though the decision of the executive is open to judicial review, it may not proper for this Court to pass any positive order in the first instance itself. This writ petition has been filed only in the nature of Writ of Mandamus. Therefore, the Director General of Police, is directed to take a decision on the petitioner's representation seeking grant of police security. The petitioner's counsel specifically submits that there is security assessment report by the SBCID and an intelligence report. The Deputy Superintendent of Police will take into account all the relevant materials including the ones mentioned above and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 4.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Director General of Police, Mylapore, Chennai.

2.The Inspector General of Police, South Zone, No.1, New Naththam Road, 3.The Superintendent of Police, Korampallam, Thoothukudi - 628 101.

4.The Inspector of Police, Aarumuganeri Police Station, Aarumuganeri - 628 202.

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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 04.02.2022 TR(08.02.2022) 3P 6C 3/3