Madras High CourtWP/8301/2017disposed of

K.R.Nandulal v. The Inspector Of Police,

2017-04-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.8301 of 2017 K.R.Nandulal ... Petitioner Vs.

1. The Inspector of Police, Kilpauk Police Station, Kilpauk, Chennai - 10.

2. Sunil Kumar ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus, directing the respondent to dispose of the representation dated 22.03.2017 and to take necessary action.

For Petitioner :

M/s.C.Sangamithirai For R1 :

Mr.K.Balamuruganae, GA

ORDER

The prayer made in the writ petition is to issue a Writ of Mandamus, directing the respondent to dispose of the representation of the petitioner dated 22.03.2017 and to take necessary action.

2. It is the case of the petitioner that in the year 1994, he has taken possession of the second floor of the premises at New Door No.26/5, (Old No.468/5), Kilpauk Garden Road, Kilpauk, Chennai - 600 010 on monthly rent of Rs.4,000/-. Due to some dispute with the landlord, in the year 2014, he has shifted his residence to a new premises at Anna Nagar (East), however, he is keeping his earlier premises under lock and key. Knowing his absence, the second respondent herein, who is a tenant in the first floor of the said premises at Kilpauk, has trespassed into the portion of the petitioner by breaking open the same and is doing painting work, after looting all the valuable house hold articles belonging to the petitioner. Hence, he has preferred a complaint dated 10.10.2016 to the Commissioner of Police, Chennai, who, in turn, forwarded the https://hcservices.ecourts.gov.in/hcservices/

same to the first respondent. Finding no response, he has submitted a representation dated 22.03.2017 to the first respondent through registered post. Even thereafter, no action has been taken on the said representation, which compelled the petitioner to approach this Court with the present writ petition for the above stated relief.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who took notice for the first respondent.

4. Considering the limited nature of the relief sought for herein, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 22.03.2017, after issuing notice to the petitioner as well as to all the necessary parties, if any and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rk To The Inspector of Police, Kilpauk Police Station, Kilpauk, Chennai - 10.

+ 1 cc to M/s. C. Sangamithirai, Advocate Sr.21335 + 1 cc to the Government Pleader SR.21713 WP No.8301 of 2017 SK(CO) Eu 2.05.17 https://hcservices.ecourts.gov.in/hcservices/