N.Perumalammmal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Perumalammal ... Petitioner Vs
1. The District Collector, O/o. the District Collectorate Campus, Dindigul, Dindigul District.
2. The Superintendent of Police, O/o.the Superintendent of Police, Dindigul, Dindigul District.
3. The Inspector of Police, Thandikudi Police Station, Dindigul District.
4. N.Thirupathi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents to give adequate police protection to the petitioner as well as her properties based on the petitioner's complaint dated 29.11.2021.
For Petitioner : M/s.Ajmal Associates For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)
ORDER
Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for R1 to R3. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.
2. The petitioner is a senior citizen aged about 70 years. Her husband has passed away recently. The petitioner has the properties in her name. As regards her husband's property, the petitioner is having 1/3rd share therein. The fourth respondent is the petitioner's son. The petitioner's daughter is settled in Chennai. According to the petitioner, her son is pressurizing and harassing her to part with the property and execute the document in 1/4
his favour. The petitioner has already given a complaint in this regard before the first respondent as well as the third respondent. The respondents 1 to 3 herein are under a statutory obligation to take care of the interests of the senior citizens under the provisions of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules framed therein. Rule 21(2) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 is as follows:-
21. Action plan for the protection of life and property of Senior Citizens. - (1)The District Superintendent of Police and in the case of cities having a Police Commissioner, such Police Commissioner 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.
(2) Without prejudice to the generality of sub-rule (1):- (i) each police station shall maintain an up-to-date list of senior citizens living within its jurisdiction, especially those who are living by themselves (i.e. without there being any member in their household who is not a senior citizen); (ii) a representative of the police 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; (iii) complaints/problems of senior citizens shall be promptly attended to, by the local Police;
(iv) one or more Volunteers' Committee(s) shall be formed for each Police Station which shall ensure regular contact between the senior citizens, especially those living by themselves, on the one hand, and the police and the district administration on the other;
(v) the District Superintendent of Police or, as the case may be, the Police Commissioner shall cause to be publicised widely in the media and through the Police Stations, at regular intervals, the steps being taken for the protection of life and property of senior citizens;
(vi) each Police Station shall maintain a separate Register containing all important particulars relating to offences committed against Senior Citizens as in Annexure IV; (vii) the Register referred to in clause (vi) shall be kept available for public inspection, and every officer inspecting a Police Station shall invariably review the status as reflected in the Register;
(viii) the Police Station shall send a monthly report of such crimes to the District Superintendent of Police by the 10th of every month;
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(ix) list of Do's and Don'ts to be followed by senior citizens, in the interest of their safety will be widely publicised;
(x) antecedents of domestic servants and others working for senior citizens shall be promptly verified, on the request of such citizens;
(xi) community policing for the security of senior citizens will be undertaken in conjunction with citizens living in the neighbourhood, Residents' Welfare Associations, Youth Volunteers, Non- Government Organisations, etc; (xii) the District Superintendent of Police shall submit to the Director General of Police and to the District Collector, a monthly report by the 20th of every month, about the status of crimes against senior citizens during the previous month, including progress of investigation and prosecution of registered offences, and preventive steps taken during the month;
(xiii) the District Collector shall cause the report to be placed before the District-level Coordination-cum-Monitoring Committee constituted under rule 23.
(xiv) The Director General of Police shall cause the reports submitted under clause (xii) to be compiled, once a quarter, and shall submit them to the Government every quarter as well as every year for, inter-alia, being placed before the State Council of Senior Citizens constituted under rule 22.
3. The respondents 1 to 3 herein shall discharge their duties in this case with respect to the petitioner's complaint dated 29.11.2021 as contemplated by the aforesaid Rule.
4. This Criminal Original Petition is allowed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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.
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To
1. The District Collector, O/o. the District Collectorate Campus, Dindigul, Dindigul District.
2. The Superintendent of Police, O/o.the Superintendent of Police, Dindigul, Dindigul District.
3. The Inspector of Police, Thandikudi Police Station, Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-39383[F] dated 17/12/2021 ) Crl.O.P(MD)No.20089 of 2021 16.12.2021 USK (06.01.2022) 4P 6C 4/4