Rajasekar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rajasekar ... Petitioner Vs.

1.The District Collector, Office of the Collectorate Building, 2.The Superintendent of Police, Office of the Superintendent of Police, 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samayanallur, Madurai District.

4.The Inspector of Police, Alanganallur Police Station, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.1 to give adequate police protection to the life and limb of the petitioner and his wife and his property comprised in 108/3, 108/6, 51/1B2, 52/1C, 70/1, 52/2C to an extent of 3.5 Acres situated at Kuttimeikipatti, Keelakkarai Village, Vadipatti 1/4

Taluk, Madurai District based on his representation dated 27.03.2024 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within time frame as fixed by this Court.

For Petitioner : Mr.S.Alagusundar For Respondents : Mr.G.V.Vairam Santhosh Addl. Government Pleader for R1.

Mr.Albert James, Government Advocate (Crl. Side) for R2 to R4.

ORDER

Heard the learned counsel on either side.

2.The petitioner is senior citizen. He is a resident of Madurai. He is having lands in Alanganallur. The petitioner states that he is facing threat at the hands of office bearers of one Gounder Maha Jana Sangam. He wants this Court to direct the respondents to give him protection. 3.This Court cannot direct the respondents to give 24 hours protection to the petitioner. However, I must place on record that the statutory scheme underlying in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules framed thereunder envisage that the jurisdictional police 2/4

take care of the physical safety of the senior citizens. In fact, enquiry was conducted in this regard on 19.03.2024 by the Alanganallur police. Copy of the closure report has been made available. It can be seen therefrom that the police have warned the counter petitioner not to enter into the petitioner's lands and that the parties must seek remedy through the jurisdictional Civil Court. I am satisfied that the police have acted fairly and reasonably in the matter. If trespasses is committed in respect of the petitioner's land, the fourth respondent shall register an FIR by incorporating the appropriate sections. 4.This writ petition is allowed on these terms. No costs. 10.04.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Office of the Collectorate Building, 2.The Superintendent of Police, Office of the Superintendent of Police, 3/4

G.R.SWAMINATHAN, J.

ias 3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samayanallur, Madurai District.

4.The Inspector of Police, Alanganallur Police Station, 10.04.2024 4/4