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Madras High CourtWP(MD)/8809/2020disposed of

S.Ravichandran v. The Superintendent Of Police

2020-08-05Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.[MD]No.8809 of 2020 S.Ravichandran ... Petitioner Vs.

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

2.The Circle Inspector of Police, Office of the Circle Inspector of Police, Narikudi Police Circle, (Kattanur Police Station), Virudhunagar District.

3.The Sub Inspector of Police, Kattanur Police Station, Virudhunagar District.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide police protection for the petitioner and his family members in accordance with law, consequently to direct the respondents to take action on the basis of the representation dated 16.07.2020 within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

The petitioner filed this writ petition praying for issuance of a writ of mandamus to direct the respondents to provide police protection to the petitioner and his family members in accordance with law and further to direct the respondents to take action on the representation given by the petitioner dated 16.07.2020. 2.The learned counsel for the petitioner would submit that when at the time, the petitioner attempted to construct the building in his ancestral property, one Shanmugam interfered with the same and caused disturbance. Therefore, police protection is 1/3

necessary for protecting the life and limb of the petitioner. 3.Per contra, the learned Additional Public Prosecutor appearing for the respondents would submit that in earlier, in the year 2019, the very same petitioner given a complaint before the third respondent, in which, he made the same allegation as alleged in this writ petition. However, on receipt of the said application, the third respondent herein initiated an enquiry in C.S.R.No31 of 2019 and the same was closed after giving proper advise to the petitioner as well as one Shanmugam, who is also claiming the same property, which is now under dispute. 4.At this juncture, the learned counsel for the petitioner would submit that now in the petition presented by the petitioner, dated 16.07.2020, he had not mentioned the earlier allegations, which were already stated in the year of 2019. Accordingly, he prayed to consider the petitioner's representation, dated 16.07.2020.

5.Upon considering the arguments advanced by either side, the issue to be decided in the representation dated 16.07.2020 is that as to whether one Shanmugam, Marimuthu, Murugan and his wife are all causing the damage to the pit which was situated in the property owned by the petitioner. Further, as per the petition averments, the said occurrence had happened on 12.05.2020. So considering the facts and circumstances of the case narrated by the petitioner in this petition, it is obvious that the alleged occurrence had happened in the year 2020. Therefore, the third respondent police is directed to consider the representation, dated 16.07.2020 given by the petitioner and dispose of the same only in accordance with law.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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. 2/3

To:

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

2.The Circle Inspector of Police, Office of the Circle Inspector of Police, Narikudi Police Circle, (Kattanur Police Station), Virudhunagar District.

3.The Sub Inspector of Police, Kattanur Police Station, Virudhunagar District.

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

W.P.[MD]No.8809 of 2020 db(CO) TR(18.08.2020) 3P 5C 3/3