Madras High CourtWP(MD)/20931/2018disposed of

M.Nagarathinam v. The Commissioner Of Police

2019-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.20931 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.20931 of 2018 and W.M.P.(MD)No.18707 of 2018 M.Nagarathinam ... Petitioner Vs.

1. The Commissioner of Police, Tiruchirappalli, Trichirippalli District.

2. The District Collector, Tiruchirappalli District.

3. The Inspector of Police, All Women Police Station, Tiruchirappalli District.

4. R.Poongothai

5. Senthil Velkumar

5. B.Balakumar

6. Usha Devi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take action against the respondents 3 to 7 by considering the representation of the petitioner dated 27.08.2018 and consequently direct the first respondent to provide police protection to the petitioner's life and limb.

For Petitioner : Mr.R.J.Karthick For R-1 to R-3 : Mr.R.Anandharaj Additional Public Prosecutor For R-4 to R-6 : Mr.G.Prabhu Rajadurai

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 2 to take action against the respondents 3 to 7 by considering the representation of the petitioner dated 27.08.2018 and consequently, direct the first respondent to provide police protection to the petitioner's life and limb. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20931 of 2018

2. The learned counsel appearing for the petitioner would submit that the main allegation as against the respondents 4 to 6 is that they have not provided any medical records in respect of the treatment of the petitioner's daughter.

3. Now by way of typed set of papers, the fourth respondent has furnished all the medical records to the petitioner. Insofar as the police protection is concerned, due to paucity of time and also a lapse of period, it cannot be considered now. However, the petitioner is at liberty to file a fresh complaint on a fresh cause of action before the concerned Police. On receipt of the same, the concerned Police is directed to consider the same and pass orders on merits and in accordance with law, in the light of the Section 21 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, since the petitioner is a senior citizen. At the same time, the respondents 4 to 6 are also at liberty to file a petition for seeking police protection on the fresh cause of action before the concerned Police.

4. With the above observations, the Writ Petition stands disposed of . No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Commissioner of Police, Tiruchirappalli, Trichirippalli District.

2. The District Collector, Tiruchirappalli District.

3. The Inspector of Police, All Women Police Station, Tiruchirappalli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.R.J.KARTHICK, Advocate ( SR-93822[F] dated 23/10/2019 ) Order made in W.P.(MD)No.20931 of 2018 Dated: 22.10.2019 tsg MK (08.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2