R. Periya Mariappan vs The District Collector, The Superintendent of Police and The Inspector of Police

G. Rajasuria, J.—This writ petition has been filed to forbear the third respondent from harassing the petitioner and his family members without due process of law and ensure the petitioner''s personal liberty guaranteed under Article 21 of the Constitution of India.

Heard the learned Counsel for the petitioner and also Mr. D. Sasikumar, learned Government Advocate, who took notice on behalf of the respondents.

The grievance of the petitioner as aired by the learned Counsel for the petitioner placing reliance on the averments in the affidavit accompanying the writ petition, is to the effect that the petitioner and his family members are put to untold misery and hardship by the highhanded act of the third respondent viz., the Inspector of Police, Uthumalai Police Station, Tirunelveli District, who joining hands with the real estate agents, is harassing the petitioner and his family members. Hence, the petitioner seeks necessary direction.

Heard the learned Government Advocate.

Hence, in these circumstances, the following direction is issued:

On receipt of a copy of this order, the petitioner shall appear before the second respondent viz., the Superintendent of Police, Tirunelveli District and air his grievance and thereupon the second respondent shall summon the third respondent and enquire into the matter and see that there is no harassment meted out to the petitioner and his family members.

I would like to make it clear that even in respect of a case having been registered as against any person, he is entitled to protection as contemplated under the decision of the Hon''ble Apex Court in D.K. Basu Vs. State of West Bengal, . Hence, I would reiterate that there shall not be any harassment meted out to the petitioner and his family members.

With the above said observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.