D.Raja v. The Principal Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN D.Raja ... Petitioner Vs.

1.The Principal Home Secretary, Chennai 2.The Director General of Police, Chennai.

3.The Commissioner of Police, Madurai.

4.The Inspector of Police, Jaihindpuram, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 4th respondent to provide petitioner's family members and petitioner with due and appropriate police escort and protection, considering the impending and forthcoming threat that lie ahead on the basis of petitioner's representation(s) dated 20.05.2019 & 20.08.2020, within the time stipulated by this Court. For Petitioner : Mr.E.Somasundaram For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This present Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the 4th respondent to provide police protection to the petitioner and his family members, based on the representation(s) given by the petitioner, dated 15.05.2019 & 20.08.2020.

2. The case of the petitioner is that the petitioner is the sole proprietor of 'Raja Appalam & Magizchi Appalam Companie(s)', 1/3

which is duly recognized by the Tamil Nadu Food Safety and Drugs Administration Department (Food Safety Wing) and also registered under Good Safety and Standards Act, 2006. He is also the Trustee of 'Valliyhur Village People's Charitable Trust'. The petitioner and his family members time and again intimidated and threatened ever since he had contested the 2011 Jaihindpuram Managaratchi Election, as a candidate for the post of 'Counselor' representing a political party.

3. Further, the petitioner's maternal uncle is an offender and wanted by the police officials in certain criminal cases. Due to his criminal activities and actions, there exist animosity and rivalry between his maternal uncle and one Appala Raja. Moreover, certain vernacular newspapers exploiting the feud between the petitioner's maternal uncle viz., Gava Thirupathi and Appala Raja published news articles manipulating the fact that the petitioner and certain others were involved in attempting to murder Appala Raja. The said articles in the newspaper created a belligerent and a hostile situation and atmosphere between Appala Raja and myself, thereby the said Appala Raja threatening the petitioner and his family members. Therefore, the petitioner made a detailed representation, dated 20.05.2019 and 20.08.2020, before the Commissioner of Police, Madurai, requesting police protection. Since the same has not been considered so far, the petitioner is before this Court with the aforesaid relief.

4. Today when the petition is came up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police on instructions, would submit that upon the receipt of the complaints dated 20.05.2019 and 20.08.2020, given by the petitioner, an enquiry has been initiated in Current Paper No.17/Registered Post/Inspector/B6/2020 and the same is pending on the file of the 4th respondent Police. Further, if necessary, the 4th respondent Police is ready to give necessary police protection to the petitioner and his family members.

3. Hence, recording the submissions made by the learned Additional Public Prosecutor, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK 2/3

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. To 1.The Principal Home Secretary, Chennai 2.The Director General of Police, Chennai.

3.The Commissioner of Police, Madurai.

4.The Inspector of Police, Jaihindpuram, Madurai.

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

+1 CC to M/s.B. SOMASUNDARAM, Advocate ( SR-15607[F] dated 01/09/2020 ) 31.08.2020 sr(CO) TR(11.09.2020) 3P 7C 3/3