L.N.Nithyanantham v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2024
CORAM
THE HON'BLE MR.JUSTICE B.PUGALENDHI W.P (MD) No.16132 of 2024 L.N.Nithyanantham ... Petitioner Vs
1. The Superintendent of Police, Pudukkottai District, Pudukkottai..
2. The Inspector of Police,, Ganesh Nagar Police Station, Pudukkottai, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to initiate appropriate actions and provide adequate police protection to the petitioner and his mother pursuant to the representation given by the petitioner dated 12.03.2024 and 11.06.2024 to the respondents. For Petitioner : Mr.P. Chandrasekaran For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/7
O R D E R
This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents to initiate appropriate action and provide adequate police protection to the petitioner and his mother pursuant to the representation given by the petitioner dated 12.03.2024 and 11.06.2024 to the respondents.
2. The learned Counsel for the petitioner submits one Dr.S.Ramadoss is threatening the petitioner and his mother and he is also attempting to kill them. Therefore, the petitioner lodged a complaint before the respondent police. Based on the complaint of the petitioner, a case has been registered in Crime No.381 of 2023 as against Dr.S.Ramadoss. Even thereafter, the threat is continuing, therefore, the petitioner again lodged a complaint before the respondent police on 12.03.2024 and 11.06.2024.
3. The learned Additional Public Prosecutor on instruction from the respondent police submits that the petitioner's representation dated 12.03.2024 and 11.06.2024, were sent only through post and the petitioner 2/7
herein has not appeared before the respondent police for an enquiry. The complaint of the petitioner dated 11.06.2024, is now treated as a petition enquiry in current paper before the Inspector of Police, Ganesh Nagar Police Station, Pudukkottai. Since the petitioner has not appeared for enquiry, the respondent police are not able to conclude the enquiry.
4. The learned Counsel for the petitioner submits that the respondent police have not issued any summons to the petitioner, calling for an enquiry.
5. This Court considered the rival submissions made.
6. The petitioner has filed a detailed typed set of papers. From the records, it appears that Dr.S.Ramadoss has also lodged a complaint as against the petitioner herein before the Superintendent of Police, Pudukottai, on 01.06.2020, stating that the petitioner has collected a sum of Rs.65 Lakhs from Dr.S.Ramadoss for arranging a job for his daughter-inlaw and it is alleged that the petitioner has also received money to the tune of Rs.1,52,00,000/- from several other persons as he is having political influence at all levels for arranging a job. It appears that they are having 3/7
some dispute with regard to money transaction. The petitioner has also filed a petition in Crl.O.P.(MD)No.1776 of 2021, seeking a direction to the respondent not to harass the petitioner for the purpose of enforcing the predrafted compromised deed dated 02.06.2020. This Court by order dated 30.03.2021 has quashed the compromise deed dated 02.06.2020 and has also directed the Director General of Police to initiate disciplinary proceedings as against the concerned Police Officer and has also directed the Inspector of Police, District Crime Branch, Pudukkottai, not to harass the petitioner. Pursuant to the order of this Court in Crl.O.P.(MD)No.1776 of 2021, it appears that a show cause notice was also issued to the Inspector of Police and the same was challenged by the Inspector of Police in W.P. (MD)No.8315 of 204 and the same was dismissed. This issue went up to the Hon'ble Supreme Court and the same was also dismissed.
7. The said Dr.S.Ramadoss has approached this Court, seeking a direction to the District Crime Branch, Pudukkottai to register his complaint and the same was dismissed. Subsequently, he has also filed a private complaint as against the petitioner herein before the learned Judicial Magistrate, Pudukkottai and the same was taken on file in STC.No.222 of 4/7
2022 for the offence under Section 138 of NI Act and the same was challenged by the petitioner in Crl.O.P.(MD)No.21437 of 2022 and the same was allowed by this Court on 28.06.2023.
8. From the materials place before this Court, it appears that there is a money transaction between the petitioner and the Dr.S.Ramadoss. The petitioner claims that he is having a life threat from the Dr.S.Ramadoss. However, the petitioner has lodged a complaint only through post. The petitioner is at liberty to appear before the respondent police for redressal of his grievance. The respondent police shall find out if the petitioner is having any real threat and to take appropriate action.
9. Accordingly, this Writ Petition is closed. No costs. 18.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 5/7
To
1. The Superintendent of Police, Pudukkottai District, Pudukkottai..
2. The Inspector of Police,, Ganesh Nagar Police Station, Pudukkottai, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
B.PUGALENDHI , J.
jbr W.P (MD) No.16132 of 2024 18.07.2024 7/7