Srijayanthan vs The Superintendent Of Police
2023 Latest Caselaw 10161 Mad

                                                                                W.P.No.23477 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.08.2023

                                                       CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                W.P.No.23477 of 2023

                Srijayanthan
                                                                                       ...Petitioners
                                                          vs.


                1.The Superintendent of Police,
                  O/o.The Superintendent of Police,
                  Tiruppur District.

                2.The Deputy Superintendent of Police,
                  O/o.The Deputy Superintendent of Police,
                  Avinashi Taluk, Tiruppur District.

                3.The Inspector of Police,
                  Cheyur Police Station,
                  Cheyur Post, Tiruppur District.

                4.Subramaniyan.
                                                                                     ...Respondents

                PRAYER:
                          Writ Petition filed under Article 226 of the Constitution of India praying
                to issue a Writ of Mandamus, to direct the respondents 1 to 3 to provide police
                protection to remove the obstruction made in front of main entrance gate in
                Survey No.446/4, 446/3, Alanthur Village, Avinashi Taluk, Tiruppur District.


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                                                                               W.P.No.23477 of 2023

                                      For Petitioners   : Mr.D.Veerasekharan
                                      For Respondents : Mr.A.Damodaran
                                                          Additional Public Prosecutor,
                                                          for R1 to R3
                                                      ********

                                                      ORDER

This Writ Petition has been filed to direct the respondents 1 to 3 to

provide police protection to remove the obstruction made in front of main

entrance gate in Survey No.446/4, 446/3, Alanthur Village, Avinashi Taluk,

Tiruppur District.

2. Heard the learned counsel for petitioner and Mr.A.Damodaran, learned

Additional Public Prosecutor appearing on behalf of respondents t to 3.

3. Learned Additional Public Prosecutor appearing for respondents 1 to 3

submitted that on the complaint given by the petitioner, a petition enquiry is

pending in CSR No.160 of 2023 on the file of the third respondent police and a

final decision will be taken on the complaint given by the petitioner.

4. The third respondent is directed to conduct enquiry in keeping with

the judgment of the Supreme Court of India in Lalitha Kumari Vs.

Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the

Supreme Court has enumerated the nature of cases where preliminary enquiry

can be conducted and has also restricted the period, for which preliminary

enquiry can be conducted. The third respondent is also directed to complete the https://www.mhc.tn.gov.in/judis Page No.2/4 W.P.No.23477 of 2023

enquiry in the case and take a decision within a period of two (2) weeks from

the date of receipt of a copy of this order.

4. With the above direction, this writ Petition is closed.

                                                                                           10.08.2023

                Index      : Yes/No
                Internet   : Yes/No

Speaking Order/Non-Speaking Order nsa

To

1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Thalaivasal Police Station, Thalaivasal Taluk, Salem District.

3.The Public Prosecutor, Madras High Court, Chennai 600 104..

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N. ANAND VENKATESH, J.

nsa

W.P.No.23477 of 2023

10.08.2023

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