Babu Sekar.G v. The Commissioner Of Police

W.P.(MD)No.6064 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.03.2021

CORAM:

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.6064 of 2021 G.Babu Sekar :Petitioner .Vs.

1.The Commissioner of Police, Tirunelveli, Tirunelveli City.

2.The Inspector of Police, Pettai Police Station, Tirunelveli City.

3.Sivakumar :Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the second respondent to hand over the key of petitioner's shop No.1A namely "S.M.S.Fancy Store" situated in "Sri Sivasakthi Complex", D.No.1E/3 Main Road, Bharathiyar Nagar, Cheranmahadevi Road, Tirunelveli City, to the petitioner and further direct the respondents 1 and 2 to provide police protection to the petitioner and his family members and to run his above shop peacefully without any hindrance by considering his representation dated 30.01.2021.

For Petitioner: Mr.R.Maheswaran For R1 & R2 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This petition is filed seeking for a direction to the second and third respondents to provide police protection to the petitioner and his family members.

2.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2, on instructions, would submit that the representation submitted by the petitioner was registered in CSR.No.69 of 2021 and posted for enquiry. 3.In the circumstances, the Inspector of Police, Pettai Police Station, is directed to dispose of the representation submitted by the petitioner based on findings and on merits, within a period of two weeks from the date of receipt of a copy of this order/uploading of the order, after giving sufficient opportunity to the third https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6064 of 2021 respondent as well as the present petitioner. It is also made clear that if the dispute between the petitioner and the private respondent is purely civil in nature, the Police shall not interfere with the same.

4.With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI Act) / True Copy / Sub Assistant Registrar (CS) Note :

In view of the present lock down owing to COVID19 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 Commissioner of Police, Tirunelveli, Tirunelveli City.

2.The Inspector of Police, Pettai Police Station, Tirunelveli City.

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

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-12805[F] dated 22/03/2021 ) rmk (PA) DKS (CO) RP/11.05.2021/2P/5C.

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