R.Arogyasamy vs The Commissioner Of Police
2023 Latest Caselaw 12831 Mad

                                                                                        W.P.No.25995 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 20.9.2023

                                                             CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                      W.P.No.25995 of 2023

                     R.Arogyasamy                                                    ...Petitioner
                                                                Vs.
                     1.The Commissioner of Police,
                       Greater Chennai, Vepery,
                       Chennai-7.

                     2.The Inspector of Police (L&O),
                       H-4 Korukkupet Police Station,
                       Korukkupet, Chennai-21.

                     3.S.Thanga Nilavu                                         ...Respondents

                                  Writ Petition under Article 226 of The Constitution of India praying to
                     issue a Writ of Mandamus directing the 1st and 2nd respondents herein to
                     consider the representation dated 29.8.2023 requesting to provide police
                     protection to prevent the third respondent from her illegal interference into
                     the petitioner's peaceful possession and enjoyment of the property situate at
                     No.11/1, Egappan Naicken Street, Korukkupet, Chennai-21 within the time
                     frame to be fixed by this Court.



                     1/4




https://www.mhc.tn.gov.in/judis
                                                                                       W.P.No.25995 of 2023

                                        For Petitioner           :   Mr.S.V.S.Ilamvazhuthu
                                        For Respondents 1 & 2 :      Mr.A.Damodaran, APP

                                                           ORDER

This Petition has been filed seeking to direct respondents 1 and 2 to

consider the representation dated 29.8.2023 and provide police protection to

prevent the third respondent from her illegal interference into the petitioner's

peaceful possession and enjoyment of the property situate at No.11/1,

Egappan Naicken Street, Korukkupet, Chennai-21 within a time frame.

2. Heard the learned counsel for petitioner and the learned Additional

Public Prosecutor appearing for respondents 1 and 2.

3. The 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 C.S.R.No.299 of 2023 on the file of the

second respondent police and a final decision will be taken on the complaint

given by the petitioner.

https://www.mhc.tn.gov.in/judis W.P.No.25995 of 2023

4. The second respondent is directed to conduct enquiry in keeping

with the judgment of the Supreme Court of India in the case of 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

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.

With the above direction, this Writ Petition is disposed of.

20.9.2023 Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No

gm N.ANAND VENKATESH, J

gm

https://www.mhc.tn.gov.in/judis W.P.No.25995 of 2023

To

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7.

2.The Inspector of Police (L&O), H-4 Korukkupet Police Station, Korukkupet, Chennai-21.

3.The Public Prosecutor, High Court of Madras.

W.P.No.25995 of 2023

20.9.2023

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