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Madras High CourtWP/10039/2018closed

A.Yellamma, v. The Director General Of Police

2018-04-24Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.10039 of 2018 and W.M.P.No.11996 of 2018 A. Yellamma ... Petitioner Vs.

1. The Director General of Police Head Quarters Dr Radhakrishnan Salai Chennai - 600 005.

2. The Superintendent of Police Krishnagiri - 635 001.

3. The Inspector of Police Mathigiri Police Station Krishnagiri - 110.

4. K. Madeva

5. C.P. Manjuath

6. C.Pappanna ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to take appropriate action against the 3rd respondent herein and as well as the respondents 4 to 6 herein based on the petitioner's representation dated 19.12.2017, 29.12.2017 and 13.04.2018 and to restore the petitioner's possession of the property by removing trespassers from Plot No.70 in S.F. No.20/A1 of Belagondapalli Village, Denkanikottai Taluk and Dharmapuri District further directing the 2nd respondent to transfer the investigation in CSR No.250 of 2017 on the file of the 3rd respondent to some other officer and pass such further orders.

For Petitioner : Mr.R. Ezhilarasan For Respondents : Mr. D. Raja Govt. Advocate for R1 to R3

ORDER

The relief sought for in this petition is to direct the 1st respondent to take appropriate action against the 3rd respondent herein as well as the respondents 4 to 6 herein, based on the petitioner's representation dated 19.12.2017, 29.12.2017 and 13.04.2018 and to restore the petitioner's possession of the property by removing the trespassers from Plot No.70 in S.F. No.20/A1 of Belagondapalli Village, Denkanikottai Taluk and Dharmapuri District and further directing the 2nd respondent to transfer the investigation in CSR No.250 of 2017 on the file of the 3rd respondent to some other officer.

2. It is seen that the dispute is essentially between the petitioner and her husband (the 4th respondent herein). It is the allegation of the petitioner that she has been thrown out from her own house by the 4th respondent. Therefore, the petitioner is seeking police protection and restoration of possession.

3. In the considered opinion of this Court, when disputed question of facts are involved, an order of restoration of possession cannot be given in this writ petition filed under Article 226 of the Constitution of India. However, it is seen that on the complaint given by the petitioner, petition enquiry is pending in CSR No.250/2017 before the 3rd respondent. The Deputy Superintendent of Police, Hosur Sub Division is directed to conduct enquiry in CSR NO.250/2017, within a period of two weeks from the date of receipt of a copy of this order, in Mathigiri Police Station and ensure that no physical harm befalls the petitioner from the respondents 4 to 6.

4. With the above direction, this petition is closed, with liberty to the petitioner to work out her remedy in the manner known to law. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar avr

To

1. The Director General of Police Head Quarters Dr Radhakrishnan Salai Chennai - 600 005.

2. The Superintendent of Police Krishnagiri - 635 001.

3. The Inspector of Police Mathigiri Police Station Krishnagiri - 110.

+1cc to Mr.R. Ezhilarasan, Advocate in sr.no.30410 +1cc to Government Pleader in sr.no.30753 W.P.No.10039 of 2018 and W.M.P.No.11996 of 2018 gj(co) nr 17/05/2018