Madras High Court
Pappathi vs The Superintendent Of Police on 30 August, 2023
Writ Petition No.25453 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.25453 of 2023
Pappathi
W/o.Lakshmanan ... Petitioner
Vs.
1.The Superintendent of Police,
Salem District.
2.The Inspector of Police,
Attaiyampatti Police Station,
Salem District.
3.Pappa
W/o.Ammasi
4.Lakshmanan
S/o.Ammasi
5.Jeganathan
S/o.Lakshmanan
6.Karthick
S/o.Lakshmanan
1/4
https://www.mhc.tn.gov.in/judis
Writ Petition No.25453 of 2023
7.Mallika
W/o.Lakshmanan
8.Jeyammal
W/o.Lakshmanan
9.Lokesh ...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, pleased to issue a Writ of Mandamus, directing the second respondent
to take appropriate action on the petitioner's complaint dated 23.07.2023
and provide adequate police protection to the petitioner for carrying on
construction work within a time to be stipulated by this Court.
For Petitioner : Mr.A.Rajakumar
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1 & R2]
*****
ORDER
This Writ Petition has been filed seeking for a direction to the second
respondent to take appropriate action on the petitioner's complaint dated
23.07.2023 and provide adequate police protection to the petitioner for
carrying on construction work within the time stipulated by this Court.
2. Heard Mr.A.Rajakumar, learned counsel for petitioner and
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Writ Petition No.25453 of 2023
Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf
of respondents 1 and 2.
3. Learned Additional Public Prosecutor appearing for respondents 1
and 2 submitted that on the complaint given by the petitioner, a petition
enquiry is pending in CSR No.394 of 2023 on the file of the second
respondent police and a final decision will be taken on the complaint given
by the petitioner.
4. The second 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 second respondent is also
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis
Writ Petition No.25453 of 2023
gm
directed to complete the 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. The
petitioner shall co-operate with the enquiry to ensure that it is completed
within the time limit fixed by this Court.
With the above direction, this Writ Petition is disposed of. No costs.
30.08.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
gm
To
1.The Superintendent of Police,
Salem District.
2.The Inspector of Police,
Attaiyampatti Police Station,
Salem District.
3.The Public Prosecutor,
High Court of Madras.
Writ Petition No.25453 of 2023
https://www.mhc.tn.gov.in/judis
