Abudahir.V.M v. The State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN V.M.Abudahir ... Petitioner Vs.

1.The State Represented by The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

4.P.Sadaiyandi 5.P.Perumal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to conduct enquiry on the petitioner's representation dated 20.03.2023 and to provide police protection for the petitioner's life. 1/4

For Petitioner : Mr. A.Ilaya Perumal For Respondents : Mr. B.Nambiselvan Additional Public Prosecutor for R1 to R3

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the third respondent to conduct enquiry on the petitioner's representation dated 20.03.2023 and to provide police protection for the petitioner's life.

2. The learned counsel for the petitioner would submit that encroachment that was made by the respondents 4 and 5 was already removed by the order of the Division Bench of this Court in W.P(MD) No.22278 of 2022 dated 15.11.2022. Later, the private respondents planted some stones in the above said pathway and causing disturbance to the petitioner. This is the only pathway available to reach the house of the petitioner. On that basis, the above said representation was made.

3. Now the learned Additional Public Prosecutor would submit that the above said representation that was made by the petitioner is kept 2/4

pending.

4. The third repsondent is directed to consider the above said representation that was made by the petitioner dated 20.03.2023 on its own merit by summoning the petitioner and as well as the private respondents for enquiry. Depending upon the outcome of the above said enquiry, the above said representation may be disposed of by the third repsondent within fifteen days from the date of receipt of copy of this order. If the parties are aggrieved by the outcome of the enquiry, they can workout their remedy through appropriate proceedings. Further action can be taken by the competent authority, if so required.

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

27.04.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 3/4

G.ILANGOVAN, J Indu To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

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

Order made in Dated :27.04.2023 4/4