Annamalai v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Annamalai ... Petitioner Vs.

1. The Superintendent of Police, Trichy District, Trichy.

2.The Sub Inspector of Police, Jambunathapuram Police Station, Jambunathapuram, Trichy.

3.Sarasu 4.Gunasekaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to give adequate police protection to the petitioner's life and limb and take necessary action against the private respondents on the basis of the petitioner's representation, dated 24.04.2023 within the time frame fixed by this Court.

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For Petitioner : Mr. T. Vadivelan For Respondents : Mr. R. Suresh Kumar Government Advocate (Crl. Side)

O R D E R

This Writ Petition has been filed for issuing a direction to the 2nd respondent to give adequate police protection to the petitioner's life and limb and take necessary action against the private respondents on the basis of the petitioner's representation, dated 24.04.2023 within the time frame fixed by this Court.

2. The learned counsel appearing for the petitioner submitted that over the land issue, the private respondents filed a suit in O.S.No.36 of 2006 before the District Munsif Court, Thuraiyur against this petitioner and others and it came to be dismissed on 30.10.2017 after full trial. Against which, appeal has been preferred by the private respondents. But, however, continuous trouble has been made by the private respondents to enjoy the above said property stating that the property belongs to them.

3. The learned Government Advocate (Crl. Side) would 2/5

submit that the enquiry was undertaken and during the course of enquiry, finding that civil issue between the parties with regard to laying of drainage. The said representation was closed in view of the undertaking given by the petitioner that he will work out the remedy by measuring the properties and the same was accepted by the private respondents.

4. In view of the undertaking given by the petitioner, granting of police protection may not arise. During the course of survey, the petitioner is given liberty to approach the concerned authority seeking police protection. If the petitioner is approached by way of representation seeking police protection, the 2nd respondent may consider the same on its own merits by summoning the petitioner as well as the private respondents.

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

12.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp To 3/5

1. The Superintendent of Police, Trichy District, Trichy.

2.The Sub Inspector of Police, Jambunathapuram Police Station, Jambunathapuram, Trichy.

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

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G.ILANGOVAN,J trp Dated : 12.06.2023 5/5