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Madras High CourtCRL OP(MD)/7692/2023disposed of

P.Nagendran v. The Superintendent Of Police

2023-04-25Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN P.Nagendran ... Petitioner Vs

1. The Superintendent of Police, Office of Superintendent of Police, Madurai District.

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Melur, Madurai District.

3. The Inspector of Police, Melur Police Station, Madurai District.

4. A.R.Rajendran

5. R.Ilamaran

6. R.Manimaran

7. R.Ilayaraja ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the R1 to R3 to provide Police protection from R4 to R7 1/5

and their henchmen for the life and limb of the petitioner and his family members by considering the representation, dated 03.04.2023, in accordance with law within the time stipulated.

For Petitioner : Mr. R. Alagumani For R1 to R3 : Mr.B.Nambiselvan Additional Government Pleader

ORDER

This Criminal Original Petition had been filed seeking for a direction against the respondents 1 to 3 to provide Police protection from the respondents 4 to 7 and their henchmen for the life and limb of the petitioner and his family members by considering the representation, dated 03.04.2023. 2.WP(MD)No.23162 of 2022 was filed by the petitioner against several other persons and in that petition he sought the following relief: ".. to issue a Writ of Mandamus, or any other Writ or order or direction in the nature of Writ for pleased to direct the Respondent No.4 to restrain Respondent No.5 and his men from collecting unauthorized fee or amount from the members of the Petitioners Association and consequently direct the Respondent No.4 to levy fee or charges in accordance with the Tamil Nadu Street Vendors (Protection 2/5

of Livelihood and Regulation of Street Vending) Scheme and Rules from the members of petitioner association, 2015 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice."

3.Even pending writ petition, again the petitioner has filed this petition against the respondents 4 to 7 stating that they belonged to a political party and demand mamool for conducting the business in the street. For that purpose he sent a representation. When already a writ petition is filed and pending before this Court, filing another petition seeking the very same relief is not permissible under the guise of providing police protection. The petitioner has to work out her remedy in the pending writ petition itself. 5.With the above observations, this Criminal Original Petition stands disposed of.

25.04.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM 3/5

To

1. The Superintendent of Police, Office of Superintendent of Police, Madurai District.

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Melur, Madurai District.

3. The Inspector of Police, Melur Police Station, Madurai District.

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

4/5

G.ILANGOVAN, J.

PNM ORDER IN 25.04.2023 5/5