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Madras High CourtWP(MD)/16731/2021disposed of

Chandrasekaran.D v. The Superintendent Of Police

2021-10-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Rt.Rev.Dr.D.Chandrasekaran ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Peravurani Range, 3.The Inspector of Police, Peravurani Police Station, 4.The Tahsildar, Office of the Tahsildar, Peravurani Taluk, 5.A.Arthur 6.E.Wilson 7.Y.Charles ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to provide adequate police protection based on the representation of the petitioner dated 02.09.2021, and as per the proceedings of the 4th respondent in Pa.Ve.No.08/2021/A6 dated 04.08.2021.

For Petitioner : Mr.S.Ramsundarvijayaraj For Respondents : Mr.K.Sanjay Gandhi Government Advocate

ORDER

(This writ petition is heard through video conference) This petition has been filed seeking issuance of Writ of Mandamus, to direct the respondents 1 to 3 to provide adequate police protection based on the representation of the petitioner dated 02.09.2021, and as per the proceedings of the 4th respondent in 1/3

Pa.Ve.No.08/2021/A6 dated 04.08.2021.

2.When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) submitted that based upon the representation made by the petitioner, enquiry was undertaking in CSR No.621 of 2021 and the matter is pending before the Revenue Divisional Officer under Section 107 Cr.P.C.

3.It appears that with regard to the administration of the Diocese a suit in O.S.No.19 of 2021 has also been filed by the fifth and sixth respondents herein against this petitioner and others. Permanent injunction has also been sought for. Pending the above said suit, the present representation has been made. Apprehending breach of peace proceedings under Section 107 Cr.P.C. has also been initiated.

4.When such being the case, question of granting protection to one of the parties may not be proper. Depending upon the outcome of the 107 Cr.P.C. proceedings as well as the civil suit proceedings, the petitioner may workout his remedy through proper proceedings. On that occasion the third respondent may take further steps. Till then question of granting police protection may not arise. 5.With the above said direction and liberty, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Office of the Superintendent of Police, 2/3

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Peravurani Range, 3.The Inspector of Police, Peravurani Police Station, 4.The Tahsildar, Office of the Tahsildar, Peravurani Taluk, +1 CC to Mr.S.Ramsundarvijayraj, Advocate ( SR-31135[F] dated 05/10/2021 ) 04.10.2021 NA(CO) RS/JC (01.11.2021) 3P 6C 3/3