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2022 Supreme(Online)(MAD) 6202

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.04.2022 CORAM:

THE HON'BLE MR.JUSTICE M.GOVINDARAJ WP NO.7549 OF 2011 AND MP NOS.1 AND 2 OF 2011 S.Kasirajan ... Petitioner Vs.

1.The Secretary Department of Home Government of Tamil Nadu Fort St. George, Madras - 600 009.

2.The Director General of Police Government of Tamil Nadu Mylapore, Madras - 600 004.

3.The Director Central Bureau of Investigation New Delhi - 110 001.

4.The Additional Director General of Police C.B.C.I.D., M.K.N. Road, St. Thomas Mount, Madras - 600 016.

5.The Superintendent of Police Thanjavur.

6.The Deputy Superintendent of Police Pattukkottai, Thanjavur District.

7.The Inspector of Police (Law and Order)

Pattukkottai, Thanjavur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein (a) to transfer and entrust the case in Crime No.162 of 2010 on the file of the Inspector of Police (Law and Order) Pattukkottai Police Station, Pattukkottai, Thanjavur District to the Director, Central Bureau of Investigation, New Delhi - 110 001, the 3rd respondent herein, for further investigation and to file a final report; (b) to provide adequate police protection to the petitioner; (c) to provide Rs.10,00,000/- as compensation to the petitioner for the bodily injuries sustained by him including to meet the medical expenses of Rs.3,50,000/- on account of dereliction of duty on the part of the respondents 5 to 7 herein.

For Petitioner : Mr.V.Karthick Senior Counsel for Mr.S.Prabhu For Respondent-1 : Ms.S.Senthil Selvi Government Advocate For Respondents : Mr.S.Sugendran

2, 5, 6 and 7 Additional Public Prosecutor For Respondent 3 : Mr.K.Srinivasan Special Public Prosecutor (CBI)

O R D E R

The petitioner has filed this writ petition with the following prayers:

"(a) to transfer and entrust the case in Crime No.162 of 2010 on the file of the Inspector of Police (Law and Order) Pattukkottai Police Station, Pattukkottai, Thanjavur District to the Director, Central Bureau of Investigation, New Delhi - 110 001, the 3rd respondent herein, for further investigation and to file a final report;

(b) to provide adequate police protection to the petitioner;

(c) to provide Rs.10,00,000/- as compensation to the petitioner for the bodily injuries sustained by him including to meet the medical expenses of Rs.3,50,000/-

"

2.The petitioner is a practicing Advocate at High Court of Madras. He enrolled himself as an Advocate on 25.10.1989. According to him, one Muthupillai and others filed a Suit in O.S.No.64 of 1969 before the Sub-Court, Thanjavur, against one K.O.K.Vaithinathan Chettiar and others for declaration and recovery of possession of the suit properties. The said Suit was decreed on 27.04.1970 and the appeal preferred by the defendants before the High Court of Madras in A.S.No.613 of 1970 came to be dismissed on

29.04.1976.

3.He would further state that in pursuance of the decree passed in the Suit, an execution petition was filed before the Sub-Court, Pattukottai for delivery of possession of the Suit properties and the execution proceedings prolonged for many years. In the meanwhile, a local politician had encroached upon the Suit properties and at his instigation, temporary structures were put up by his henchmen. Though the politician approached him for negotiation, however, it had not materialized. The petitioner was engaged in this case in the year 1999 to pursue the execution proceedings.

4.It is his further case that sensing threat to his life, he sought for police protection through his representation dated 30.03.2004. When he attended Court on 24.03.2005, the said local politician came along with his henchmen and threatened him in the Court premises itself, for which, he lodged a complaint and the encroachers had also lodged a complaint against him. Thereafter, through Telegrams dated 31.03.2005 and 19.04.2005, he requested police protection at Court premises, when he attended the Court at Pattukottai. Even thereafter, when he attended the Court at Pattukottai, the encroachers instigated the local Advocates to give false complaint against him. He also sent two other politicians to negotiate with him at Chennai and Thanjavur. In the second meeting, it is alleged that they threatened the petitioner.

5.The petitioner would further state that the Madurai Bench of Madras High Court issued direction on 19.03.2008 in CMSA Nos.30 to 34 of 2006 for handing over the vacant possession to the decree holders within a period of 9 months, but it was not complied with. The Execution Petition was posted for delivery of possession on 22.04.2010. The petitioner sent a Telegram to the Superintendent of Police, Thanjavur and Inspector of Police, Pattukottai on 21.04.2010 expressing danger to his life. On 22.04.2010, he was brutally attacked by the hooligans set up by the land grabbers. For the incident, a case in Crime No.162 of 2010 was registered for the offences under Sections 147, 148, 324, 323 and 307 IPC. In the incident, he sustained serious injuries all over his body i.e., 3 cut injuries each on his head and left side leg, 2 cut injuries on his right side leg, bone fracture on his left hand, apart from minor injuries all over his body.

6.The grievance of the petitioner is that though a number of complaints had been given against the land grabbers and their hooligans, no action was taken by the respondent Police. According to him, the case in Crime No.162 of 2010 has not proceeded in a right direction due to the influence of the accused.

7.The 7th respondent, Inspector of Police filed a common counter on behalf of the respondents, wherein, he denied each and every allegation made by the petitioner. In para 2, 3, 5, 6 and 7, he

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