B.Radhakrishnan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR B.Radhakrishnan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Thilagar Thidal, Madurai City.

3.The Inspector of Police, Karimedu Police Station, Karimedu, Madurai City.

4.Chandrasekaran 5.Kathirvel 6.Jeya 7.Mani 8.Ravi 1/6

9.Shanthi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 to 3 to provide adequate police protection to life and limb of the petitioner and his family members based on his representation dated 31.08.2024 and for other reliefs. For Petitioner : Mr.J.Lawrance For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 1 to 3 to provide adequate police protection to life and limb of the petitioner and his family members based on his representation dated 31.08.2024 and for other reliefs.

2. It is not in dispute that the petitioner has earlier filed a writ petition in W.P.(MD)No.5865 of 2024 for removal of encroachment and the Hon'ble Division Bench of this Court has passed an order dated 12.03.2024 directing the Commissioner, Madurai Corporation, Madurai 2/6

to consider the petitioner's representation and pass appropriate orders on its own merits and in accordance with law after providing opportunity to all the parties concerned as expeditiously as possible.

3. The learned counsel appearing for the petitioner would submit that since the said direction was not complied with, he has filed a contempt petition and the same is pending before this Court. He would further submit that during pendency of the contempt petition, the private respondents have trespassed into the property and attacked the petitioner and caused damages to the household articles and that though complaint was given by the petitioner, there was no action.

4. At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that they have not received any representation from the petitioner. But the learned counsel appearing for the petitioner would submit that the petitioner has sent a representation through registered post and the same came to be received by them. Whatever it is, the petitioner is directed to give a fresh representation to the third respondent and on receipt of the same, the 3/6

third respondent is directed to issue notice to the petitioner as well as to the private respondents and conduct enquiry and take a decision within a period of two weeks from the date of receipt of the representation.

5. With the above direction, this Criminal Original Petition stands disposed of.

30.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Thilagar Thidal, Madurai City.

3.The Inspector of Police, Karimedu Police Station, Karimedu, Madurai City.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 30.09.2024 6/6