Madras High CourtWP(MD)/4240/2013dismissed

Mohamed Yasar Arafath, v. The District Collector

2018-02-14Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4240 of 2013 and M.P.(MD)No.1 of 2013 Mohamed Yasar Arafath ... Petitioner Vs.

1.The District Collector, Collectorate Building 2.The Inspector General of Police, South Zone, New Natham Road, Madurai.

3.The Superintendent of Police, Tuticorin District, Collectorate, Tuticorin.

4.The Inspector of Police, Thattarmadam Police Station, 5.M.M.Meeran 6.S.A.Riyas 7.P.Pavsaar 8.Asan Ali 9.Thamim Ansari 10.Baisar 11.R.Sulaiman 12.H.Rasin ... 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 respondent No.2 to provide adequate armed police protection to safeguard the petitioner's life and liberty.

For Petitioner : Mr.S.M.A.Jinnah For R1 to R4 : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

For R5 to R12 : No Appearance.

ORDER

This writ petition has been filed, seeking a direction to the second respondent to provide adequate armed police protection to the petitioner to safeguard the life and liberty of the petitioner. 2.According to the petitioner, the petitioner's family has been excommunicated by one Putthan Tharuvai Jamath and the fifth respondent, who is the Vice President of the said Jamath acted in connivance of the respondents 6 to 12, due to some matrimonial dispute threatened the petitioner that he would take action with the help of the police officials against the petitioner and he also foist police case. Hence, the present writ petition has been filed, seeking the above said relief.

3.Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that the writ petitioner himself is not available in the village for the past several years and on enquiry also, such allegations made by the petitioner is found to be not correct.

4.In the above circumstances, since the petitioner himself is not available in the village for a long time, the relief sought for by the petitioner cannot be granted.

5.Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Building 2.The Inspector General of Police, South Zone, New Natham Road, Madurai.

3.The Superintendent of Police, Tuticorin District, Collectorate, Tuticorin.

4.The Inspector of Police, Thattarmadam Police Station, +1cc to Mr.S.M.A.JINNAH,Advocate,SR.49237 +1cc to M/S.Special Government Pleader,SR. 49372 W.P(MD)No.4240 of 2013 14.02.2018 MYR KK/JC/SAR 2/28.02.2018/ 3P- 7C/