S.S.Sivakumar vs The District Superintendent Of ...
2023 Latest Caselaw 12250 Mad

                                                                                 W.P.No.26491 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 11.09.2023

                                                     CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P.No.26491 of 2023
                                            and W.M.P.No.25899 of 2023

                    1. S.S.Sivakumar
                    2. K.Dhandapani
                    3. Hemalatha                                .. Petitioners

                                                       Versus

                    1. The District Superintendent of Police,
                       Coimbatore District, Coimbatore.

                    2. The Deputy Superintendent of Police,
                       Coimbatore District, Coimbatore.

                    3. The Inspector of Police,
                       Karamadai Police Station,
                       Karamadai, Coimbatore District.

                    4. R.Bala Kulandaivel                       ..Respondents

                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying to issue a Writ of Mandamus directing the respondents 1 to 3 herein
                    to forthwith give Police protection to the petitioners and their family
                    members to continue their agricultural works in their lands to an extent of
                    about 2.50 acres in S.No.508/3, 0.51 Acres in S.No.509 and 1.08 acres in
                    S.No.508/1 along with Well & 7HP Pump-set of Vadavalli Village, Annur
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                                                                                    W.P.No.26491 of 2023


                    Taluk, Coimbatore District (more fully described in the schedule contained
                    in the judgment and decree dated 08.12.2022 in I.A.No.2 of 2022 in
                    O.S.No.865 of 2022).

                                    For Petitioners    : Mr.K.Doraisami,
                                                  Senior Counsel,
                                                  for Mr.Muthumani Doraisami

                                   For Respondents : Mr.A.Damodaran,
                                                        Additional Public Prosecutor,
                                                  for RR-1 to 3
                                                         ORDER

This Writ Petition has been filed seeking for Police protection to the

petitioners and their family members to continue their agricultural works in

the subject properties.

2. The learned Additional Public Prosecutor, on instructions,

submitted that based on the complaints given by the petitioners, an enquiry

is pending in C.S.R.No.346 of 2023, dated 09.09.2023.

3. The petitioners are directed to co-operate with the Police for

enquiry and the respondent Police shall conduct the enquiry keeping in

mind the judgment in Lalitha Kumari vs. Government of Uttar Pradesh

reported in 2013 (6) CTC 353. On completion of the enquiry, the respondent

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W.P.No.26491 of 2023

Police shall take a decision regarding the further course of action. This

process shall be completed by the respondent Police within a period of two

weeks from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition is disposed off. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                       11.09.2023

                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The District Superintendent of Police, Coimbatore District, Coimbatore.

2. The Deputy Superintendent of Police, Coimbatore District, Coimbatore.

3. The Inspector of Police, Karamadai Police Station, Karamadai, Coimbatore District.

4. The Public Prosecutor, High Court of Madras.

https://www.mhc.tn.gov.in/judis

W.P.No.26491 of 2023

N.ANAND VENKATESH, J.

grs

W.P.No.26491 of 2023 and W.M.P.No.25899 of 2023

11.09.2023

https://www.mhc.tn.gov.in/judis