IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 17322 of 2001 BETWEEN: 1 S. Penchala Narsamma, D/o. Late Narasimham, R/o.No.20-756/2, Balushapet, Nellore, Nellore District. 2 S. Venkata Subbamma, W/o. Late Narasimham, R/o.No.20-756/2, Balushapet, Nellore, Nellore District. ... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Home Department, Hyderabad. 2 Sri Seshagiri Rao, Sub-Inspector of Police, Police Control Room, Nellore. 3 Shaik Basha, Police Control Room, Nellore. 4 Shaik Khader Basha, Police Control Room, Nellore. 5 G. Janardhan, Police Control Room, Nellore. 6 Mrs. Pathan Basheer, IV Town Police Station, Nellore. 7 Mrs. P. Bujjamma, I Town Police Station, Nellore. 8 Mrs. G. Durgamma, I Town Police Station, Nellore. 9 Mrs. G. Uma, III Town Police Station, Nellore. 10 Mrs. G. Nagaratnamma, II Town Police Station, Nellore. (Respondents 2 to 10 address is C/o. Superintendent of Police, Office of Superintendent of Police, Nellore.) 11 The District Collector, Nellore, Nellore District. 12 The Superintendent of Police, Nellore, Nellore District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records and issue an appropriate Writ, direction or order more particularly one in the nature of Writ of Mandamus declaring that the inaction on the part of the respondents 1, 11 and 12 in not considering petitioners representations for protection and their failure to provide protection to the petitioners and their property is arbitrary, unjust and illegal, consequently directing the respondents 1, 11 and 12 to provide protection to the petitioner and their property and also respondents to pay the petitioners Rs.15,00,000/- as compensation for damage caused to the petitioners by the brutal, uncivilized actions of the respondents 2 to 10 perpetrated on them committing offences invoking the extraordinary powers and special original jurisdiction vested in this Hon'ble Court under Article-226 of the Constitution of India for infringement of fundamental right guaranteed under Art.21 of the Constitution of India to meet the ends of justice and pass such other order or orders in the interest of justice. Counsel for the Petitioners: MR.P.V.RAMA SARMA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Learned counsel for the petitioners submits that the first petitioner is the daughter of the second petitioner and that they are the victims of the uncivilized, barbaric and attrocious treatment meted out to them on 15.09.1986 at their house in Nellore town, committed by the unofficial respondents 2 to 10. The police after investigation filed a charge sheet and the Judicial Magistrate of I Class, Special Mobile Court, Nellore by judgment dated 13.06.2001 in C.C.No.5 of 1991 convicted the unofficial respondents 2 to 10 for the offence with which they were charged. He further submits that the petitioners feeling insecure by the continued action of the said unofficial respondents made a representation requesting to provide police protection but the same has not been considered. Therefore, the petitioners seek a Writ of Mandamus to declare the action of the official respondents in not considering their representation as illegal and arbitrary and also to direct them to pay Rs.15,00,000/- as compensation for damages caused to them. 2. Admittedly, there are no allegations against the police or the State with regard to their dereliction of duties. However, for the offence committed by the unofficial respondents they were tried and convicted. 3. A draft counter has been filed stating that insofar as the representation of the petitioners dated 05.08.2001 filed before the Superintendent of Police, Nellore, requesting to provide police protection is concerned, the same has been considered and enquired into, which revealed that there is no danger to the life and properties of the petitioners. Thereafter, the petitioners have not made any representation from 2001 till date apprehending danger to their lives in the hands of the unofficial respondents 2 to 10. It is stated that if the petitioners had felt any insecurity, they would have lodged a report to the police. However, the respondent police is always willing to provide police protection as and when the petitioners come up with a proper representation. With regard to payment of compensation for the uncivilized and barbaric acts of the unofficial respondents is concerned, it is stated that the State cannot pay any compensation, as there is no fault of the State or its servants. 4. I am of the opinion that the petitioners are not entitled for any compensation payable by the official respondents. However, it is open to the petitioners to initiate appropriate action claiming compensation/damages in appropriate proceedings in accordance with law. Insofar police protection is concerned, as and when the petitioners file any representation requesting to provide police protection, the same may be considered and necessary action may be taken. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 18, 2008 DSK