WRITTEN INSTRUCTIONS IN W.P. NO.
1543 OF 2019
It is submitted that the present writ petition was filed under
Mandamus, for declaring the inaction on the part of the 3 rd respondent
in granting police protection to the petitioner by considering his
representation/legal notice dated 18.11.2018 to prevent the breach of
peace by taking necessary action against the persons disobey the court
orders such as permanent injunction as illegal and arbitrary and for a
consequential direction to the respondents to give police protection to
the petitioner.
It is submitted that the writ petitioner herein filed the writ
petition by stating that the unofficial respondents have been
restraining the petitioner in entering into their fields and threatened
them with dire consequences and also abusing them in filthy language.
He further stated that he has permanent injunction orders against the
said property in O.S.No. 149/2012 on the file of the Senior Civil Judge,
Hindupur. Against the said orders, the unofficial respondents filed an
appeal vide A.S.No. 16/2017 on the file of the Hon’ble Additional
District Judge, Hindupur, and obtained interim orders for suspension of
orders in the said suit. Basing on the same, the petitioner herein send
legal notice dated 18.11.2018 to the 3 rd respondent for providing police
protection to him. But the respondent failed in doing so.
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It is submitted that the petitioner herein send the legal notice
dated 18.11.2018 to the 3rd respondent police station through
registered post and the same was received by the police personnel of
the said police station on 20.11.2018. After receipt of the said notice
and going through the same, the 3rd respondent herein tried to contact
the writ petitioner herein to enquire into the matter with a view to
initiate necessary action against his notice. But the writ petitioner
herein is unavailable since then.
It is petinent to mention here that as the petitioner has not
coming further in connection with the enquiry and did not cooperate
with the 3rd respondent herein. If the peittioenr herein cooperated with
the enquiry and submit the necesary orders if any passed in connection
with the providing police protection, this respondent will provide
police protection to the petitioner and his family at the needy time.
Without appearing before the respondent police and not submitting
any orders regarding the providing of police aid, this respondent is
unable to go further. Hence, the allegations levled against the
respondent police are incorrect
It is further submitted that the respondent police did not commit
any illegality or irregularity as alleged by the writ petitioners herein in
not providing police protection to him. If the petitioner herein
submitted any orders passed by the competent authority, for providing
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police protection or if any orders will be passed by this Hon’ble Court, I
will proceed with further by providing police aid to the writ petitioner
herein.
Hence, these instructions.
Yours faithfully,
Station House Officer,
Date: 19.02.2019 Amarapuram Police Station,
Ananthapur District.