M.Justin Prakash v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.11332 of 2019 M.Justin Prakash ... Petitioner Vs.
1.The Superintendent of Police, Dindigul.
2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.
3.The Inspector of Police, Kodaikanal Town Police Station, Dindigul District.
4.Sandhanadurai 5.Kanagadoss 6.Dhanraj 7.Pondy 8.Chandrasekaran 9.R.Jeyaram 10.Sundar 11.Durairaj 12.Sheik Abdullah 13.Raja Mohammed 14.L.Rajan 15.R.Saraswathy 16.Rajeshwari 17.Maria Jeya Sudha 18.Chitra 19.Solomon Raja 20.Manimegalai 21.J.Priya 22.P.Sathya 23.M.Shanthi 24.R.Selvendran 25.Danalakshmi 26.Palaniammal 27.Saraswathy 28.Pandiaraj 29.V.Ravichandran 30.Sathya Seelan 31.Sagayam 32.Sundari
33.Senthikumar 34.Kalaiselvan 35.Veeramuthu 36.Edwin Selvakumar 37.P.Senthamil Selvi 38.Sumathi 39.Kayalvili 40.Nallammal 41.Muthulakshmi 42.Y.Solomon 43.G.Kannan 44.S.Annamary 45.V.Sasikumar 46.Krishnamoorthy 47.K.Sivakumar 48.R.Rani 49.M.Pushparani 50.R.Baskaran 51.John Kennady 52.S.Francis 53.R.Ranjith 54.M.Thirumari 55.R.Nirmala 56.M.Karuppasamy 57.M.Kathiravan 58.V.Antony ammal 59.C.Kumar ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 3 to provide protection to the petitioner and his family for their life and limb and to construct compound wall in his patta land in T.S.No.9/2 in Southern portion and in T.S.No.8/18, Ward-B, Block10 in Kodaikanal Town, Dindigul District. For Petitioner : Mr.N.Mohan For R1 to R3 : Mrs.S.Bharathi, Government Advocate (Crl.Side).
ORDER
This writ petition has been filed to direct the respondents 1 to 3 to provide protection to the petitioner and his family for their life and limb and to construct compound wall in his patta land in T.S.No.9/2 in Southern portion and in T.S.No.8/18, Ward-B, Block-10 in Kodaikanal Town, Dindigul District. 2.The learned counsel for the petitioner would submit that he owns a piece of property in T.S.No.9/1 and 9/2. Adjacent to the said property, lies a property in T.S.No.8 which belongs to Government. The private respondents are illegal occupants of the
said property. The private respondents herein are attempting to enter and occupy T.S.No.8 for which they want to evade the petitioner's possession. Earlier, facing threat, the petitioner moved this Court in W.P.(MD)No.19196 of 2018 and following the order passed by this Court, attempt made by them was thwarted in the earlier instance. Now, they have posed threat to enter the petitioner's property from another direction. Hence, the petitioner has come forward with this petition. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3.
4.The learned Government Advocate (Crl. Side) appearing for the respondents 1 to 3 submitted that with the help of the revenue officials, the petitioner's property will be demarcated for the benefit of the petitioner to enjoy his property free from any threat of encroachment by strangers.
5.The petitioner has moved this Court for identical relief, merely because, attempts to enter the property are made from different directions of the same property. Having stated thus, this Court records the submission of the learned Government Advocate (Crl.Side) as to what the State propose to do with the assistance of the revenue officials.
6.For the present, if the petitioner alleges that he faces threat to his life and liberty from the private respondents, he is directed to give a fresh complaint to the third respondent. On such fresh complaint, the third respondent is directed to enquire into the matter of the complaint filed by the petitioner and take appropriate decision as may be necessary to protect the life, liberty and right to the property of the petitioner. It is made clear that this Court does not order police protection(24x7) and the third respondent is left to decide on the basis of the objective assessment of the threat perception of the petitioner from time to time.
7.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS)
To 1.The Superintendent of Police, Dindigul.
2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.
3.The Inspector of Police, Kodaikanal Town Police Station, Dindigul District.
+1 CC to M/s.N.MOHAN, Advocate ( SR-64156[F] dated 30/04/2019 ) myr W.P.(MD)No.11332 of 2019 30.04.2019 KM/(11.06.2019) 4P 5C