IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3731 of 2008 Between: Vykuntam Mallikarjuna Chowdary, S/o.Late Vykuntam Sreeramulu R/o.D.No.3/41,Alur Village & Mandal, Kurnool Dist., ..... PETITIONER AND 1 The Govt., of AP., Rep by its Prl.Secretary, Home Department, Secretariat Building Hyderabad. 2 The Superintendent of Police, Kurnool, Kurnool 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 will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not providing security to the petitioner as illegal, arbitrary, unjust and against constitutional values and consequently direct the respondents to immediately provide security to the petitioner, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.C.PRAKASH REDDY Counsel for the Respondents : GP FOR HOME The Court made the following : ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus to declare the action of the respondents in not providing personal security to him, as illegal and arbitrary. 2. It is the case of the petitioner that his father Late Sri Sree Ramulu was actively associated with Telugu Desam party in Alur Constituency, but he was brutally murdered by his opponents on 18th of November 2006. The petitioner is presently made incharge of the said political party for Alur Constituency. He filed representation dated 8th January 2007 before the Superintendent of Police, Kurnool, complaining that there is threat to his life from his opponents and requested for protection by giving personal security. 3. In the representation dated 8th of January 2007, except an allegation that there is a threat to his life, the petitioner did not refer to any incident in support of his allegations. But however, it is stated that his father was murdered on 18th of November 2006. 4. For providing personal security to private individuals and to the Constitutional Functionaries, the Government has issued orders in the shape of guidelines in G.O.Rt.No.655, dated 13th of March 1997. Merely because an application is filed seeking personal security, there is no obligation on the part of the respondents to provide security, but however, it is obligatory on the part of the respondents to consider the threat perception against such applicants. As per the guidelines issued in G.O.Rt.No.655, dated 13th of March 1997, it obligates the Superintendent of Police at the first instance to assess the threat perception to the life of the applicant and thereafter, the matter has to go to the State Level Review Committee constituted as per the above said G.O. 5. Though it is the case of the petitioner that he has submitted a representation on 8th of January 2007, but however, there is no proof of receipt of such representation by the respondents. In that view of the matter, I deem it appropriate to dispose of the writ petition permitting the petitioner to make a fresh representation before the 2nd respondent within a period of one week from the date of receipt of a copy of this order. If such a representation is filed, the 2nd respondent shall assess the threat perception of the petitioner and shall take steps in accordance with the orders issued by the Government in G.O.Rt.No.655, dated 13th of March 1997. However, it is made clear that if it is found that personal security is to be provided to the petitioner, it is open for the respondents to collect necessary charges in advance and proceed as per the said G.O. 6. Subject to above observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 25th February 2008 ajr To 1 The Govt., of AP., Rep by its Prl.Secretary, Home Department, Secretariat Building Hyderabad. 2 The Superintendent of Police, Kurnool, Kurnool District.