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)

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

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

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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

loca