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Madras High CourtWP(MD)/20389/2022disposed of

Chandran .S v. The Superintendent Of Police

2022-08-30Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2022 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR S.Chandran ... Petitioner Vs 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, North Police Station, 3.The Sub-Inspector of Police, Keelarajakularaman Police Station, 4.Jeyakumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to take action on the petitioner's representation, dated 24.08.2022 seeking to grant police protection to the petitioner's life and limp and his property in natham S.No.897/5 measuring 4 cents bearing Patta No.231, Vadakari Village, Vembakottai Taluk, Virudhunagar District as per Rule 21 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.

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For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.M.Sakthikumar Government Advocate (Crl. side)

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the first respondent to take action on the petitioner's representation, dated 24.08.2022 seeking to grant police protection to the petitioner's life and limp and his property in Natham S.No.897/5 measuring 4 cents bearing Patta No.231, Vadakari Village, Vembakottai Taluk, Virudhunagar District as per Rule 21 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. 2.The learned counsel for the petitioner would submit that the petitioner is residing with his son-in-law at door No.1/191, North Street, Vadakarai, Rajapalayam, Virudhunagar District. He would further submit that though the petitioner has sent a representation, dated 24.08.2022 to the respondents 1 to 3, they have not chosen to take any action against the fourth respondent. Hence, the petitioner is constrained to file the above petition.

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3.When the matter is taken up for hearing today, the learned Government Advocate (Crl. side) appearing for the respondents 1 to 3 would submit that there existed civil dispute between the petitioner's sonin-law and the fourth respondent and that a civil suit filed by the fourth respondent is pending and in the meanwhile, the petitioner's son-in-law has lodged the complaints and the same were registered in C.S.R.Nos.248 and 320 of 2022 and subsequently, closed and that thereafter, the petitioner's complaint came to be lodged and the same is pending.

4.The learned counsel for the petitioner would submit that as per Rule 21 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, the District Superintendent of Police or the police Commissioner as the case may be shall take all necessary steps subject to such guidelines as the Government may issue from time to time for the protection of life and property of senior citizens and more importantly, each police station has to maintain up-to-date list of senior citizens living within their jurisdiction. He would further submit that the respondent without considering the provisions of the said Act and Rules, have not chosen to act on the petitioner's representation. 3/6

5.The learned Government Advocate (Crl. side) would further submit that now the complaint is pending before the second respondent and they will consider the representation within the time stipulated by this Court.

6.In view of the above, the second respondent is directed to consider the representation of the petitioner, dated 24.08.2022 and pass necessary orders in accordance with law, within a period of fifteen days from the date of receipt of a copy of this order. 7.With the above directions, this Writ Petition is disposed of. No costs.

30.08.2022 Index :Yes/No Internet : Yes/ No sji To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, North Police Station, 4/6

3.The Sub-Inspector of Police, Keelarajakularaman Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J sji 30.08.2022 6/6