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Madras High CourtCRL OP(MD)/17258/2021allowed

C.Ganapathi v. The Superintendent Of Police

2021-11-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.Ganapathy ... Petitioner Vs.

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

2.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

3.Arjunan 4.Chinnathai ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to give adequate police protection to the petitioner/the senior citizen life and limb and his property by his complaint dated 13.08.2021. For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

This criminal original petition has been filed for directing the police authorities to give adequate police protection to the petitioner based on his complaint dated 13.08.2021. 2.The petitioner is a senior citizen. According to him, he is facing constant threats from the private respondents herein. I am not in a position to go into the factual controversy. However, when a senior citizen seeks police assistance to protect his life and property, it is the duty of the police authorities to attend to it. Rule 21 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, states that each police station shall maintain an up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves. The petitioner's wife is now said to be in Delhi. The said Rule further states that a representative of the police 1/3

station together as far as possible, with a social worker or volunteer, shall visit such senior citizens at regular intervals of atleast once a month, and shall, in addition, visit them as quickly as possible on receipt of a request of assistance from them. It is further statutorily mandated that the complaints/problems of senior citizens shall be promptly attended to, by the local police. The case of the petitioner would fall within the aforesaid statutory ambit. The respondents 1 and 2 are obliged to look into the petitioner's grievance and attend to the same. The first and second respondents are directed to act on the petitioner's representation dated 13.08.2021 bearing in mind the aforesaid mandate.

3.I was curious to know as to whether the local police stations are maintaining such a register. The answer appears to be in the negative. When a progressive legislation of this nature has been enacted, it is the duty of the police authorities to implement the same. Unless such a register is maintained, it would not be possible to take effective follow up action. Mr.T.Senthil Kumar, learned Additional Public Prosecutor is requested to bring it to the notice of the learned Advocate General for taking remedial action.

4.The criminal original petition is allowed on these terms. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ias 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, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Sipcot Police Station, Thoothukudi District.

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

09.11.2021 RK/JC(11/11/2021) 3P 4C 3/3