T.Dhayalan vs The District Collector Of ...
2023 Latest Caselaw 12253 Mad

                                                                         W.P.No.26497 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 11.09.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.26497 of 2023

                     T.Dhayalan,
                     S/o.K.Thiruvalagramani                              ... Petitioner

                                                        Vs.

                     1. The District Collector of Chengalpattu,
                        Chengalpattu.

                     2. The Commissioner of Police,
                        Office of the Tambaram Police Commissioner,
                        No.42/1, Medavakkam Main Road, Sholinganallur,
                        Chennai – 600 119.

                     3. The Inspector of Police ( L & O),
                        Peerkankaranai Police Station,
                        Chennai – 600 063.

                     4. R.Gubendran
                        S/o.Radha

                     5. Sanjiv

                     6. Anbu
                        W/o.Sanjiv

                     7. Meera
                        W/o.Tamilarasan


https://www.mhc.tn.gov.in/judis
                     1/4
                                                                                  W.P.No.26497 of 2023

                     8. Devi

                     9. Nagappan
                        S/o.Mani

                     10.Kavitha
                        W/o.Ramanathan                                           ... Respondents

                     Prayer: Writ Petition filed under Article 226 of Constitution of India, to
                     issue a Writ of Mandamus, directing the respondents to take appropriate
                     legal action to give police protection for the petitioner's life and also to
                     perform the daily pooja at Sri Nidhya Kalyana Perumal Temple on the
                     basis of the petitioner representation dated 15.05.2023.


                                       For Petitioner    : Mr.P.Gunaraj
                                       For Respondents : Mr.A.Damodaran
                                                         Additional Public Prosecutor [R1 to R3]
                                                          *****

                                                         ORDER

This Writ Petition has been filed seeking for a direction to the

respondents 1 to 3 to take appropriate legal action to give police

protection for the petitioner's life and also to perform the daily pooja at

Sri Nidhya Kalyana Perumal Temple on the basis of the petitioner's

representation dated 15.05.2023.

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

W.P.No.26497 of 2023

2. Heard Mr.P.Gunaraj, learned counsel for petitioner and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing on

behalf of respondents 1 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 Current Paper No.52 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 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.

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

W.P.No.26497 of 2023

N.ANAND VENKATESH, J.

gm

With the above direction, this Writ Petition is disposed of. No

costs.

11.09.2023

Speaking Order/Non-speaking Order Index :Yes/No Neutral citation: Yes/No gm

To

1. The District Collector of Chengalpattu, Chengalpattu.

2. The Commissioner of Police, Office of the Tambaram Police Commissioner, No.42/1, Medavakkam Main Road, Sholinganallur, Chennai – 600 119.

3. The Inspector of Police ( L & O), Peerkankaranai Police Station, Chennai – 600 063.

4.The Public Prosecutor, High Court, Madras.

W.P.No.26497 of 2023

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