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Madras High CourtWP(MD)/4873/2024disposed of

Jeyalalitha v. The Superintendent Of Police

2024-03-04Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.4873 of 2024 Jeyalalitha ... Petitioner /vs./ 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Namanasamudram Police Station, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to give an adequate Police protection to the Petitioner and his family members life and limb and to put up the fence around the property comprised in Survey No.350/10B, 350/9, 350/10A situated at Kottur Village, Thirumayam Taluk, Pudukottai District, based on the Petitioner's representation dated 03.01.2024 within the time frame as fixed by this Court.

For Petitioner : Mr.R.Paranjothi For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondents for providing adequate Police protection to the Petitioner and his family members life and limb and to put up the fence around the property comprised in Survey No.350/10B, 350/9, 350/10A situated at Kottur Village, Thirumayam Taluk, Pudukottai District, based on the Petitioner's representation dated 03.01.2024.

2. It is the contention of the learned Counsel for the Petitioner that the Petitioner had approached the revenue authorities and surveyed the properties and after survey, the property of the Petitioner was specifically identified by putting up boundaries stones. Now, the Petitioner seeks to put up fence to protect his property, which was resisted by the neighbours. Therefore, he had approached this Court by way of filing this Writ Petition.

3. The learned Counsel for the Petitioner invited attention of this Court to the certificate issued by the Tahsildar, Thirumaiyam stating that four side 2/5

boundaries had been fixed. He seeks Police protection only in the light of the certificate issued by the Tahsildar, Thirumaiyam.

4. The learned Government Advocate (Criminal Side) on instructions of the Respondents would submit that the Petitioner cannot seek Police protection. He has to seek direction of the Civil Court. Also the Petitioner had furnished typed set, wherein the representation given to the Respondents was mentioned as 03.01.2024, whereas in the postal receipt the date was mentioned as 21.02.2024. Therefore, the Respondents are unable to give Police protection without Court order.

5. Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), in the light of the proceedings of the Tahsildar, the Respondents 1 and 2 are directed to provide Police protection to the Petitioner. The Petitioner is directed to pay necessary charges as per the circular of the Director General of Police, Tamil Nadu / Head of State Police Force, for Police protection. 3/5

6. With the above direction, this Writ Petition is disposed of. No costs. 04.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Namanasamudram Police Station, Pudukottai District.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.4873 of 2024 Dated:

04.03.2024 5/5