Madras High Court
M.Prakasam vs The Superintendent Of Police on 31 July, 2023
Writ Petition No.22526 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Writ Petition No.22526 of 2023
M.Prakasam
S/o.Muthusamy Mudaliar ... Petitioner
vs.
1.The Superintendent of Police,
Salem, Salem District.
2.The Deputy Superintendent of Police,
Omalur, Salem District.
3.The Inspector of Police,
Tharamangalam Police Station,
Salem District.
4.Ayyammal
W/o.Kuppusami
5.Bakkiyam
W/o.Venkatesh ... 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 for fencing the property of the petitioner situated in
S.No.235/1B1, 235/1C1, 235/1A, 235/1B and 235/1C to an extent of 2.01 acres
situated at Tharamangalam Village, Omalur Taluk, Salem District based on the
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Writ Petition No.22526 of 2023
petitioner's representation dated 02.06.2023 by invoking Section 21 of Tamil
Nadu Maintenance and Welfare of Parents and Senior Citizens Act.
For Petitioner : Mr.P.Suresh Kumar
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1 to R3]
*****
ORDER
This writ petition has been filed seeking for a direction to the respondent
police to provide police protection in order to enable the petitioner to fence his
property, based on the representation made by the petitioner on 02.06.2023.
2. Heard Mr.P.Suresh Kumar, learned counsel for petitioner and
Mr.A.Damodaran, learned Additional Public Prosecutor appearing for
respondents 1 to 3.
3. Learned counsel appearing for the petitioner submitted that the private
respondents had already approached the civil Court and filed O.S.No.18 of
2014 before the District Munsif, Omalur, seeking for the relief of declaration
and other consequential relief and this suit, after contest, came to be dismissed
under judgment and decree dated 28.04.2023. In this suit, the properties that are
covered in the writ petition were shown as scheduled properties. Learned
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Writ Petition No.22526 of 2023
counsel submitted that the grievance of the petitioner is that he is a senior
citizen, aged about 74 years and the private respondents are causing threat and
are preventing the petitioner from fencing his property in spite of losing their
case before the civil Court. Hence, police protection is sought for.
4. Learned Additional Public Prosecutor, on instructions, submitted that
based on the complaint given by the petitioner, an enquiry is pending in CSR
No.286 of 2023 before the Inspector of Police, Tharamangalam Police Station,
Salem District.
5. Taking into consideration the facts and circumstances of the case, there
shall be a direction to the third respondent to conduct enquiry in the pending
CSR No.286 of 2023. If the private respondents have already lost before the
civil Court, they cannot be permitted to cause threat or interfere with the
fencing of his property by the petitioner. If, in spite of the civil Court decree
going against the private respondents, they are attempting to illegally prevent
the petitioner from putting up fencing, the third respondent shall act against the
private respondents in accordance with law and if required, shall provide police
protection to enable the petitioner to fence his property. This process shall be
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Writ Petition No.22526 of 2023
N. ANAND VENKATESH., J
gm
completed by the third respondent within a period of four (4) weeks from the
date of receipt of a copy of this order.
This Writ Petition is disposed of with the above direction. No costs.
31.07.2023
Index : Yes/No
Speaking Order/Non-Speaking Order
Neutral citation : Yes/No
gm
To
1.The Superintendent of Police,
Salem, Salem District.
2.The Deputy Superintendent of Police,
Omalur, Salem District.
3.The Inspector of Police,
Tharamangalam Police Station,
Salem District.
4.The Public Prosecutor,
High Court of Madras,
Madras.
Writ Petition No.22526 of 2023
https://www.mhc.tn.gov.in/judis
