B.Mala v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2020 CORAM :

THE HONOURABLE MRS.JUSTICE J. NISHA BANU W.P(MD)No.19022 of 2020 Mrs.B.Mala ... Petitioner vs.

1)The Superintendent of Police, O/o. the Superintendent of Police, 2)The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Jiapuram Taluk, 3)The Inspector of Police, Mannachanallur Police Station, Tiruchirappalli District.

4)M.Nagarajan ... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to provide adequate police protection to the life and limb of the petitioner and her land comprised in Survey No.114/3A situated at Aththani, Manachanallur Taluk, Tiruchirappalli District to an extent of 56 cents on the basis of her representation dated 01.12.2020 within the time period stipulated by this Hon'ble Court and for other reliefs.

For Petitioner : Mr.G.Anto Prince For R1 to R3 : Mr.R.Srinivasan Government Advocate(Crl.Side)

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to provide adequate police protection to the life and limb of the petitioner and her land comprised in Survey No.114/3A situated at Aththani, Manachanallur Taluk, Tiruchirappalli District to an extent of 56 cents on the basis of her representation dated 01.12.2020 within the time period stipulated by this Hon'ble Court and for other reliefs. 1/3

2.The learned counsel for the petitioner would state that the petitioner has purchased the agricultural land in Survey No.114/3A situated in the above address and she and her husband are in possession of the same and doing agricultural work in the said land and also doing coolie work for eking out their livelihood. According to the petitioner, the 4th respondent was engaged for taking care of the above agricultural land and due to his indifferent activities, he was stopped. While so, on 17.11.2020, when the petitioner and her husband went to their land, the 4th respondent along with henchmen restrained them from entering into the land with deadly weapons.

In this regard, the petitioner lodged a complaint before the 3rd respondent/police and since no action was taken, she sent a detailed representations to the respondents 1 to 3 to give police protection to her life and limb and her agricultural land, but no action was taken. Hence, this petition. 3.The learned Government Advocate(Crl.Side) on instructions would submit that on the complaint of the petitioner, petition enquiry is pending.

4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, notice to him is not necessary.

5.Recording the above submission made by the learned Additional Public Prosecutor, the respondents/police are directed to consider and pass orders on the petitioner's representation, dated 01.12.2020 after giving opportunity to the 4th respondent by following the guidelines laid down by the Hon'ble Apex Court in D.K.Basu vs. State of West Bengal reported in AIR (1997) SC 610. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) To 1)The Superintendent of Police, O/o. the Superintendent of Police, 2/3

2)The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Jiapuram Taluk, 3)The Inspector of Police, Mannachanallur Police Station, Tiruchirappalli District.

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

+1cc to Mr.G.Anto Prince, Advocate Sr.No.26989 ORDER MADE IN W.P(MD)No.19022 of 2020 DATED : 22.12.2020 VB (18.01.2021) 3P 6C 3/3