Madras High CourtWP(MD)/6587/2022disposed of

Govindarajan v. The Superintendent Of Police

2022-04-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Govindarajan S/o.Krishnasamy .... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Theni Dindigul.

2. The Inspector of Police, Thenkarai Police Station, Theni District.

3.Chandran 4.Dhamotharan 5.Govindarajan S/o Gopalasamy 6.Ramamoorthi 7.Parasuram 8.Radhakrishnan 9.Alagesan ....Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents 1 and 2 to give adequate police protection to the petitioner and his family members against the respondents 3 to 9, who were illegally threatening the petitioner to execute the Gift deed of the petitioner's plot situated in S.No.2603/1J, Lakshmipuram Village, Periyakulam Taluk, Theni District and preventing construction of the petitioner's house with criminal intimidation, consequently take action as per law against the respondents 3 to 9 based on the petitioner's complaints, dated 30.03.2022 and 01.04.2022, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Vinoth Kumar For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

O R D E R

The Writ Petition has been filed in the nature of Mandamus, seeking a direction to the respondents 1 and 2 to give adequate police protection to the petitioner and his family members against the respondents 3 to 9, who were illegally threatening the 1/3

petitioner to execute the Gift deed of the petitioner's plot situated in S.No.2603/1J, Lakshmipuram Village, Periyakulam Taluk, Theni District and preventing construction of the petitioner's house with criminal intimidation, consequently take action as per law against the respondents 3 to 9 based on the petitioner's complaints, dated 30.03.2022 and 01.04.2022.

2.The case of the petitioner is that the petitioner had purchased a house plot from one Umavathi by her power agent namely, Radhakrishnan in S.No.2603/1J, Patta No.9269 measuring to an extent of 3304-1/8 square feet in Thamaraikuram Section-2, Periyakulam Taluk, Theni District, vide Document No.588/2014, dated 26.03.2014 on the file of the Additional Sub Registrar Office-II, Periyakulam Taluk at Theni District. The petitioner was constructing a house in the petition mentioned plot. The respondents 3 to 9 were threatening him to execute a gift deed to the extent of 15 square feet in the middle of his house plot as pathway, not allowed him to complete the construction work and chased out the manson and other labours, who involved in the construction work. Therefore, the petitioner had given a complaint before the second respondent on 30.03.2022. Thereafter, again he had given a complaint before the first respondent on 01.04.2022. But till today, no action has been taken as against the private respondents.

3.When the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that enquiry is pending. 4.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2.

5.Without expressing any opinion on merits of the writ petition, the second respondent is directed to conduct an enquiry on the petitioner's complaint, dated 01.04.2022, after issuance of notice to the petitioner and the respondents 3 to 9 herein and after giving opportunity of hearing to them, dispose of the same within a period of four weeks from the date of receipt of a copy of the order.

6.With the above direction, the writ petition stands disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

lr TO:

1. The Superintendent of Police, Office of the Superintendent of Police, Theni Dindigul.

2. The Inspector of Police, Thenkarai Police Station, Theni District.

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

+1 CC to M/s.R. VINOTH KUMAR, Advocate ( SR-18035[F] dated 12/04/2022 ) W.P (MD).No.6587 of 2022 11.04.2022 RD(21.04.2022) 3P 5C 3/3