M.Venkatesan v. The Director General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.17445 of 2012 and M.P.No.1 of 2012 M.Venkatesan ... Petitioner Vs

1. The Director General of Police, Mylapore, Chennai - 4.

2. The Commissioner of Police, Egmore, Chennai - 8.

3. The Deputy Commissioner of Police, Anna Nagar, Chennai - 40.

4. Mr.Kannan

5. Mrs.Jeevajothi

...Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the 1st to 3rd Respondents to take appropriate action as per law against the 4th respondent as per the Petitioner's telegram and complaint dated 02.07.2012 and consequentially to order immediate transfer of the alleged complaints if any given by 5th Respondent to some other police officer for conducting fresh investigation.

For Petitioner : Mr.Y.Bhuvaneshkumar For Respondents : Mr.C.M.Rajendran, Additional Government Pleader, For R1 to R3.

Mr.V.S.Mannarmary, For R5.

R4 - No appearance.

https://hcservices.ecourts.gov.in/hcservices/

ORDER

The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 brought to the notice of this Court that Civil disputes are pending between the petitioner and the other parties. The petitioner has no role to entertain the disputes with reference to civil dispute between the parties and therefore, the complaint filed by the petitioner deserves to be rejected.

2. This Court is of the considered opinion that the petitioner's complaint was dated 02.07.2012 and thereafter, the civil proceedings were instituted between the parties. Since nine years have lapsed, the complaint cannot be acted upon at this length of time. Further, the learned Additional Public Prosecutor made a submission that the nature of the complaint is of civil nature and therefore, the Police Authorities cannot entertain the complaint.

3. This being the factum, the petitioner is at liberty to approach the competent Authorities, if any, grievance exists. However, the relief as such sought for in the present writ petition deserves no merits for consideration and accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kmm To

1. The Director General of Police, Mylapore, Chennai - 4.

2. The Commissioner of Police, Egmore, Chennai - 8.

3. The Deputy Commissioner of Police, Anna Nagar, Chennai - 40.

+1cc to the Government Pleader, S.R.No.5659 W.P.No.17445 of 2012 KSM(CO) SB(21/02/2022) https://hcservices.ecourts.gov.in/hcservices/