K.KALAIVANAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The issue that arises for consideration is as to whether the petitioner is entitled for a direction to provide him adequate police protection to save his life and to discharge his duties without fear as Ward Member of District Panchayat of Thiruvarur District on payment of necessary charges. The petitioner belongs to the present opposition party viz. Dravida Munnetra Kazhagam (Shortly "DMK"). The petitioner is the Thiruvarur District Secretary of D.M.K. party from the year 2009. According to him, after his political party lost power in the General Assembly Election that was held during May 2011, he was subjected to innumerable hardships and sufferings in order to tarnish his image and the police protection given to him was also withdrawn. Further, he was detained under the Goondas Act by the District Collector, Thiruvarur and the order of detention was set aside by this Court vide order dated 23.11.2011 passed in H.C.P. No. 1027 of 2011. It was done to prevent him from contesting the Local Body Election that was held in October 2011. However, he contested in the Local Body Election that was held in October 2011 for a Member, in Ward No. 6, Tiruvarur District Panchayat and was declared elected on 21.10.2011.

(2.) The brother of the petitioner, by name Poondi. K. Kalaiselvan, was brutally murdered, by throwing bombs on 17.11.2007, in front of the petitioner. At that time, he was the Thiruvarur District Secretary of the D.M.K. party. The murder of his brother was made out of political rivalry and a criminal case is still pending in the Bomb Blast Court, Poonamallee. After the murder of his brother, the petitioner and his family members were given police protection and the same was withdrawn subsequently, after his political party lost power. The petitioner apprehends that the persons who have murdered his brother have planned to kill him and his family members through henchmen and hirelings and that there is a constant threat to his safety everyday. Hence, he made representations dated 06.04.2012 and 07.08.2012 to the respondent requesting to provide police protection.

(3.) In these circumstances, the petitioner has filed the present writ petition seeking direction to the respondent to consider his representations dated 06.04.2012 and 07.08.2012 seeking adequate police protection.