Madras High Court
V.Devaraj vs The District Collector on 3 January, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.36170 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.36170 of 2023
V.Devaraj
S/o.Velayutham ... Petitioner
Vs.
1.The District Collector,
Perambalur,
Perambalur District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Perambalur District.
3.The Superintendent of Police,
Perambalur District,
Perambalur.
4.The Inspector of Police,
Perambalur Police Station,
Perambalur District.
5.Chellammal
W/o.Palaniyandi
1/6
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Writ Petition No.36170 of 2023
6.Thasarathan
S/o.Palaniyandi
7.A.Thanga
W/o.Arunachalam
8.A.Thangaraj
S/o.Arunachalam
9.Thilagavathi
W/o.Rajeshwaran ...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India,
pleased to issue a Writ of Mandamus, directing the respondents 3 and 4 to
give police protection to the petitioner, his family and his property
comprising in Old Survey No.267/20, New Survey No.382/20 measuring 0.5
cents situated at Kalarampatti Village, Perambalur District, based on the
petitioner's complaints dated 17.11.2023 and 29.11.2023.
For Petitioner : Mr.S.Satheeshkumar
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1 to R4]
*****
ORDER
This Writ Petition has been filed seeking for a direction to the
respondents 3 and 4 to give police protection to the petitioner, his family and
his property comprising in Old Survey No.267/20, New Survey No.382/20
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Writ Petition No.36170 of 2023
measuring 0.5 cents situated at Kalarampatti Village, Perambalur District,
based on the petitioner's complaints dated 17.11.2023 and 29.11.2023.
2. Heard Mr.S.Satheeshkumar, learned counsel for petitioner and
Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf
of respondents 1 to 4.
3. Learned Additional Public Prosecutor appearing for respondents 1
to 4 submitted that on the complaints given by the petitioner, a petition
enquiry is pending in CSR No.1292 of 2023 on the file of the fourth
respondent police and a final decision will be taken on the complaints given
by the petitioner.
4. It is seen from records that already civil proceedings that were
initiated by the private respondents against the petitioner and another was
dismissed in O.S.No.841 of 1994 by judgment and decree dated 21.10.2019
and the same was also confirmed in appeal by the Sub-Court, Perambalur, in
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Writ Petition No.36170 of 2023
A.S.No.10 of 2019 by judgment and decree dated 31.10.2023. This shall be
kept in mind by the fourth respondent while dealing with the complaints at
the time of enquiry.
5. The fourth 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 fourth 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. No costs.
03.01.2024
Index : Yes/No
Speaking Order/Non-speaking Order
Neutral Citation : Yes/No
gm
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Writ Petition No.36170 of 2023
To
1.The District Collector,
Perambalur,
Perambalur District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Perambalur District.
3.The Superintendent of Police,
Perambalur District,
Perambalur.
4.The Inspector of Police,
Perambalur Police Station,
Perambalur District.
5.The Public Prosecutor,
High Court of Madras.
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Writ Petition No.36170 of 2023
N.ANAND VENKATESH, J
gm
Writ Petition No.36170 of 2023
03.01.2024
https://www.mhc.tn.gov.in/judis
