IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.44277 OF 2018 (GM-POLICE) BETWEEN:
Sri.K.T.Ramappa Gowda S/o Thimappa Gowda, Aged about 88 years, Occ: Agriculture, R/at Haihole Village, Haihole Post, Taluk and District, Shivamogga-577 201.
….Petitioner (By Sri. Ramachandra R. Naik, Advocate) AND:
1. The State of Karnataka, Department of Home, Represented by Principal Secretary, Vidhan Soudha, Ambedkar Veedhi, Bengaluru-560 001.
2. The Superintend of Police, Shivamoga District, Shivamogga-577 201.
3. The Circle Inspector of Police, Shivamoga Circle, Shivamogga-577 201.
4. The Sub-Inspector Police, Thunga Nagar Police Station, Shivamoga-577 202.
5. Smt.Thimmakka W/o late Durgabovi, Age: Major 6. Shivappa S/o late Durgabovi, Age: Major 7. Thimmabov S/o late Durgabovi, Age: Major 8. Nagaraj S/o late Durgabovi, Age: Major 9. Manjappa S/o late Durgabovi, Age: Major 10. Erappa S/o late Durgabovi, Age: Major Respondent Nos.5 to 10 are Residing at Bhovi Colony, Haihole, Shimoga-577 202.
… Respondents (By Sri.Vijay Kumar A Patil, Advocate for R1 to R4; notice to R5 to R10 dispensed with v/o dated 05.02.2019) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-2 and 3 to consider the petitioner representation dated 20.6.2017, vide Annexure-D and E in implementation of the Court order dated 23.7.2011 and 12.01.2012.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Ramachandra R.Naik, learned counsel for the petitioner.
Sri.Vijay Kumar A. Patil, learned AGA accepts notice for respondent Nos.1 to 4.
The petition is admitted for hearing. With the consent of both parties, the same is heard finally.
2. In this petition, the petitioner prays for the following reliefs:
“a) Issue a Writ in the nature of Mandamus, directing the Respondent No.2 and 3 to consider the petitioner representation dated 20.6.2017, vide Annexure D and E in implementation of the Court Order dated 23.7.2011 and 12.01.2012 and b) Issue any appropriate writ, order or directions as this Hon’ble Court deems to fit under the facts and circumstances of the case and including cost.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent Nos.3 and 4 to consider the representation dated 20.06.2017 and to pass an order in accordance with law.
4. On the other hand, learned AGA submits that in case such representation is still pending, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction to respondent Nos.3 and 4 to consider and decide the representation dated 20.06.2017 for providing police protection, if not already decided, by a speaking order within a period of three weeks from today.
Sd/- JUDGE dn/-