Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Murugan

...Petitioner

Vs.

1.The Superintendent of Police, Kanyakumari District, Kanniyakumari.

2.The Sub-Inspector of Police, Eraniel Police Station, Kanyakumari District.

3.Haridoss 4.Mahendiran 5.Rajesh 6.Ravi

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the second respondent to provide adequate police protection for life and limb of the petitioner and their community people at the time of burning the dead body in their community burning ground situated in S.No.36/5 of Pathiyur, Punnakattuvilai, Alancode PO, Kalkulam Taluk, Kanyakumari District on the basis of the petitioner's representation dated 25.07.2020 preferred by the petitioner in accordance with law. For Petitioner : No Appearance For R1 and R2 : Mr.S.Ravi, Additional Public Prosecutor.

For R3 to R6 : Mr.N.Sekar

ORDER

This Writ Petition is filed seeking for police protection to the petitioner and their community people at the time of burning the dead body in their community burning ground situated in S.No.36/5 of Pathiyur, Punnakattuvilai, Alancode PO, Kalkulam Taluk, Kanyakumari District on the basis of his representation dated 25.07.2020 in accordance with law.

2.There is no representation on behalf of the petitioner. 1/3

3.The learned counsel appearing for the respondents 3 to 6 submitted that the petitioner is trying to create burial ground within 30 meters of dwelling place, which is against Rule 7 of Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999.

4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that there was some dispute between two groups. As a result, the matter has been referred to the Revenue Divisional Officer, Padmanabapuram under Section 107 of Cr.P.C., wherein two groups have executed bond. Now, there is no dispute between them and they are living peacefully. 5.In such view of the matter, no blanket directions are necessary. Accordingly, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS ) Myr 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, Kanyakumari District, Kanniyakumari.

2.The Sub-Inspector of Police, Eraniel Police Station, Kanyakumari District.

2/3

3. The Revenue Divisional Officer, Padmanabhapuram.

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

1cc TO MR. N. SEKAR, ADVOCTE SR 5616 DP 26/02/2022 3P/6C 10.02.2022 3/3