Disposed

V.Devaraj v. The Commissioner of Police

Madras HC3 Oct 2016WP/34332/2016

Case brief

AI extract

What is this about?

A writ petition seeking a direction to the Commissioner of Police to provide protection for land possession. The Court dismissed the petition against the Commissioner directing the petitioners to approach the Jurisdictional Station House Officer per S. 154 Cr.P.C. who is liable to make an enquiry.

What did the court decide?

Directing the petitioners to submit a fresh representation to the Jurisdictional Station House Officer; directing the SHO to enquire and take action in accordance with law.

V.Devaraj Vs The Commissioner of Police — Constitutional and Fundamental Rights | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.10.2016

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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WP No.34332 of 2016

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V.Devaraj,

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V.Soundarrajan,

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V.Damodharaswamy,

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V.Ramachandran,

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V.Lakshminarayasamy, 6. Mrs.Shanthamani .. Petitioners Vs The Commissioner of Police, Coimbatore City, Coimbatore – 641 018. .. Respondent

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Prayer:- Writ Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to provide Police Protection to the petitioners with regard to their enjoyment of the lands of the extent of 4.15 Acres in S.No.384/1, Kalapatti Village, Coimbatore North Taluk, as per the directions of the Civil Court in I.A.No.1562 of 2014 seeking for Police Aid to maintain the order in I.A. No.1269 of 2014 in O.S.No.1087 of 2014 on the file of the Learned Principle District Munsif, Coimbatore within such time as may be fixed by this Honourable Court.

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ORDER

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This petition has been filed to direct the respondent to provide police protection to the petitioners with regard to their enjoyment of the lands to an extent of 4.15 acres in S.No.384/1, Kalapatti Village, Coimbatore North Taluk, as per the directions of the Civil Court in I.A.No.1562 of 2014 seeking for police aid to maintain the order in I.A. No.1269 of 2014 in O.S.No.1087 of 2014 on the file of the Principal District Munsif Court, Coimbatore.

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent State.

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https://hcservices.ecourts.gov.in/hcservices/

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Today, when the matter was taken up for hearing, learned Additional Public Prosecutor submitted that he has not been served a copy of affidavit, petition and typed set of papers and also submitted that the Commissioner of Police, Coimbatore has been arrayed as a respondent and not the local police.

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The Commissioner, is not the Station House Officer u/s 154 Cr.P.C. Under such circumstances, the petitioner is directed to give a fresh representation in person to the Jurisdictional Station House Officer and on such representation being given, the Station House Officer is also directed to call both the parties and enquire into the same and take action in accordance with law.

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With the above direction, this writ petition is disposed
of. No costs.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
kmi
To
1.The Commissioner of Police,
Coimbatore City, Coimbatore – 641 018.
2.The Public Prosecutor High Court
Madras
3.The Principal District Munsif Coimbatore
4.The Station House Office
Coimbatore
+1 cc to Mr.P.Srinivas Advocate sr56876
WP No.34332 of 2016
rj(co)
aa02/11/2016

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https://hcservices.ecourts.gov.in/hcservices/

V.Devaraj v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

V.Devaraj v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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