Madras High Court
P.Padmanabhan vs State By on 25 January, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.Nos.1485 and 1488 of 2021
and
WMP No.1679 of 2021
P.Padmanabhan ..Petitioner
in WP.No.1485/2021
Mangayarkarasi ..Petitioner
in W.P.No.1588 of 2021
-Vs-
1.State by
The Inspector of Police,
V-4, Rajamangalam Police Station,
Chennai.
2.Raghupathy Reddy
3.Malathy ..Respondents
in Both WPs
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Prayer in W.P.N0.1485 of 2021 : Writ Petition filed under Article
226 of the Constitution of India praying to issue a Writ of
Mandamus, directing the 1st respondent to provide adequate
police protection to the petitioner, his family member's life and to
fence their property situated at No.65, Jayanthi Nagar, Kolathur,
Chennai-99 immediately in connection with the complaint dated
25.12.2020 in CSR No.610 of 2020 dated 31.12.2020, on the file
of the respondent Police.
Prayer in W.P.No.1488 of 2021 : Writ Petition filed under Article
226 of the Constitution of India praying to issue a Writ of
Mandamus, directing the 1st respondent to provide adequate
police protection to the petitioner, his family member's life and to
fence their property situated at T.S.No.92, Old S.No.7/1, Old
Paimash No.749, Plot No.14A & 28, to an extent of 5678 Sq.ft
situated at Jayanthi Nagar, Kolathur, Chennai-99 immediately in
connection with the complaint dated 25.12.2020 in CSR No.610 of
2020 dated 31.12.2020, on the file of the respondent Police.
For Petitioner : Mr.G.RM.Palaniappan
(Both WPs)
For Respondents: Mr.M.Mohamed Riyaz
(Both WPs) Additional Public Prosecutor
for R 1
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COMMON ORDER
These writ petitions have been filed seeking for
police protection to the petitioners and their family members and
also to enable the petitioners to fence their properties pursuant to
the complaint given to the respondent Police on 25.12.2020.
2.The case of the petitioners is that they have
succeeded right through before the competent civil court against
the private respondents who attempted to claim right over the
subject property and also attempting to interfere with the
possession and enjoyment of the same. The attempt made by
others claiming under the private respondents also ended in
favour of the petitioners. The petitioners in order to substantiate
their claims, have filed all the judgments and decrees passed in
the civil proceedings in the typed set of papers.
3.The grievance of the petitioners is that when they
attempted to fence their properties, the private respondents along
with some other persons caused thread to the petitioners and did
not permit them to put up the fencing around the property. The
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entire incident has also been captured in the CCTV Camera that
has been installed around the property. It is further contended
that a complaint was given by the petitioners and the same has
also been taken on file in CSR NO.610 of 2020. However, the
respondent Police has not acted upon the complaint and the
threat to the petitioners continued. Left with no other option, the
present writ petitions have been filed before this Court seeking for
Police Protection.
4.Heard Mr.G.RM.Palniappan, learned counsel for
petitioners and MR.M.Mohamed Riyaz, learned Additional Public
Prosecutor appearing on behalf of the respondent Police.
5.Taking into consideration the facts and
circumstances of the case and also the judgments and decrees
passed by the competent civil courts, there shall be a direction to
the respondent Police to immediately call the parties for an
enquiry. The respondent Police shall direct the private
respondents not to cause any threat to the petitioners and their
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family members. They shall also be instructed not to interfere
with the possession and enjoyment of the property of the
petitioners and if at all they have any right, to work out the same
in the manner known to law. If inspite of such instructions given
by the respondent Police, any threat is exerted by the private
respondents or any persons acting under them, action shall be
taken immediately in accordance with law. If the situation so
warrants, police protection shall also be given to the petitioners to
fence their property. The petitioners are directed to make a fresh
representation to the respondent Police along with all the relevant
documents and also a copy of this order.
6.These writ petitions are disposed of accordingly with
the above directions. No costs. Consequently, the connected
miscellaneous petition is closed.
25.01.2021
Index: Yes / No
Internet : Yes /No
KP
cc
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To
1. The Inspector of Police,
V-4, Rajamangalam Police Station,
Chennai.
2.The Public Prosecutor,
High Court, Madras.
N. ANAND VENKATESH, J.
KP
https://www.mhc.tn.gov.in/judis/
W.P.Nos.1485 and 1488 of 2021
25.01.2021
https://www.mhc.tn.gov.in/judis/
