Somu@Somasundaram v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN and W.M.P.(MD)No.7388 of 2021 Somu@somasundaram ... Petitioner Vs 1.The Superintendent of Police, Thanjavur District , Thanjavur.

2.The Deputy Superintendent Of Police, Papanasam,Thanjavur District .

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District 4.Usan @ Pragadeeswaran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 3 herein to provide police protection to the life and limb of the petitioner, on the complaint of the petitioner, dated 21.04.2021. For Petitioner : Mr.G.Karnan For R1to R3 : Mr.M.Muthumanikkam, Government Advocate(Crl.Side)

O R D E R

This petition has been filed seeking for a direction to the respondents 1 to 3 herein to provide police protection to the life and limb of the petitioner, on the complaint of the petitioner, dated 21.04.2021.

2.The learned counsel for the petitioner would submit that the petitioner is an Ex-service man and after retire from service, he joined duty as Thapalthar in the Tahanjavur District Court. Thereafter, he is dealing in agricultural works in the lands belongs to his family, which are ancestral as well as self acquired properties. While so, one Mr.Rengaraj / the father of the fourth respondent, who has the lands east to the petitioner's land, is trying to encroach his land and also cut the tress standing in the land, which was prevented by him. In this regard, the petitioner filed a suit in O.S.No.92 of 1980, before the District Munsif cum Judicial Magistrate, Papanasam and got injunction order against the said Rengaraj in I.A.No.183 of 2018 in O.S.No.92 of 1980 before the trial Court and challenging the same, the said Rengaraj has not 1/3

filed any appeal. Now, the fourth respondent started to disturb the possession and the same was questioned by the petitioner, the fourth respondent threatened him with deadly weapon and escaped from the scene of occurrence and hence, the petitioner has made a complaint, on 21.04.2021, before the respondents 1 to 3, seeking police protection. The grievance of the petitioner is that so far the respondents 1 to 3 did not take any action. Hence, the petitioner filed a present petition before this Court seeking police protection.

3.The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3, on instructions, would submit that the petitioner has lodged a complaint dated 21.04.2021 and it is pending. He further submitted that the representation of the petitioner, dated 21.04.2021 will be considered by the respondents 1 to 3.

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3.

5.Considering the facts and circumstances of the case, the respondents 1 to 3 are directed to consider the representation of the petitioner dated 21.04.2021 by following the due process of law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls NOTE: In view of the present lock down owing to COVID-19 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 Superintendent of Police, Thanjavur District , Thanjavur.

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2.The Deputy Superintendent Of Police, Papanasam,Thanjavur District .

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

04.06.2021 KK(15.06.2021) 3P 4C 3/3