Chinnathai v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021 CORAM :
THE HONOURABLE Mrs.JUSTICE R. HEMALATHA Chinnathai
...Petitioner
/Vs./ 1.The Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police Usilampatti Town Police Station, Madurai District.
3.Armstrong 4.Perumayee 5.Hari Prasad
...Respondents
Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to provide police protection to the petitioner.
For Petitioner : Mr.K.R.Selvakumar For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal Side)
ORDER
The present petition is filed by the petitioner seeking for a direction to the respondents 1 and 2 to provide police protection to the petitioner.
2.Mr.K.R.Selvakumar, learned counsel for the petitioner contended that the petitioner is a senior citizen, aged about 77 years and after the demise of her husband, she executed settlement deed, in favour of her three sons in respect of some properties and is residing in a house, which is her self acquired property. It is also his contention that the third respondent, who is her second son, along with his wife and his son, who are the respondents 3,4 and 5 herein, threatened the petitioner with dire consequences. The petitioner, thereafter submitted a representation before the Revenue Divisional Officer, Usilampatti, and an order was passed on 18.09.2020 in Na.Ka.No.2714/2020/Aa3 directing the Inspector of Police, Usilampatti Police Station, Madurai, to provide police protection to the petitioner. According to the learned counsel for the petitioner, despite the orders passed by the Revenue Divisional 1/3
Officer, Usilampatti, Madurai, the second respondent did not provide police protection to the petitioner.
3.Section 21 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is extracted hereunder: "21.Measures for publicity, awareness, etc., for welfare of senior citizens.- The State Government shall, take all measures to ensure that (i)the provisions of this Act are given wide publicity through public media including the television, radio and the print, at regular intervals;
(ii)the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitisation and awareness training on the issues relating to this Act;
(iii)Effective co-ordination between the services provided by the concerned Ministries or Departments dealing with law, home affairs, health and welfare, to address the issues relating to the welfare of the senior citizens and periodical review of the same is conducted." 4.In the instant case, even though a specific order has been passed by the Revenue Divisional Officer, Usilampatti, Madurai, directing the Inspector of Police, Usilampatti Police Station, Madurai, to provide police protection to the petitioner, he has not given any adequate police protection.
5.Considering the facts and circumstances of the case, the Inspector of Police, Usilampatti Police Station, Madurai, is directed to give police protection to the petitioner with immediate effect. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 2/3
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 Superintendent of Police, Madurai District, Madurai.
2.The Inspector of Police Usilampatti Town Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
03.03.2021 MJ(CO) KK(26.03.2021) 3P 4C 3/3