M.Vellaichamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR M.Vellaichamy ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Valanadu Police Station, Trichy District.

3.Ramasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus, to direct he second respondent to provide an adequate police protection to the petitioner's life and limb based on his representation dated 05.01.2025. For Petitioner : Mr.P.Muthusamy For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioner has lodged a complaint to the respondent police on 18.11.2024. Since no action has been taken on the said complaint, the petitioner made a representation dated 05.01.2025. Even thereafter, no 1/5

action has been taken. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, takes notice for the first and second respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, the third respondent is the owner of a building and the petitioner is the tenant under the third respondent. The petitioner is running a business in the building belongs to the third respondent. The petitioner invested huge sums of money for his business and the petitioner is also paying the rent regularly without fail. However, the third respondent is forcing the petitioner to vacate the shop forcibly. The petitioner has also filed a civil suit in O.S.No.143 of 2024 and the same is pending. Even thereafter, the petitioner was forced to vacate the premises. Hence, the petitioner lodged a complaint before the respondent police. However, no action has been taken.

4.The learned Additional Public Prosecutor appearing for the respondent police, on instructions, submits that after lodging the 2/5

complaint, the petitioner had not responded to the police enquiry and he has not provided any particulars to the respondent police. On the other hand, the third respondent appeared for enquiry and after getting his statement, the complaint was closed as civil in nature. 5.At this juncture, the learned counsel for the petitioner, on instructions, submits that the petitioner undertakes to appear before the second respondent on 08.02.2025 and give all necessary particulars. 6.In view of the above undertaking, the second respondent is directed to reopen the complaint lodged by the petitioner and conduct enquiry. The petitioner is directed to appear before the second respondent on 08.02.2025 along with all necessary documents. The second respondent shall also ensure the presence of the third respondent on that date and conclude the enquiry without any further delay. 7.With the above direction, this Writ Petition is disposed of. 31.01.2025 NCC : Yes / No Index : Yes / No ta 3/5

To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Valanadu Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

ta Crl.O.P.(MD)No.2724 of 2025 31.01.2025 5/5