Syed Namath v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3315 of 2019 Syed Namath .. Petitioner Vs 1.The Commissioner of Police, Chennai City, E.V.K.S.Road, Vepry, Chennai 600 007.
2.The Deputy Commissioner of Police, F3, Nungambakkam Police Station, Chennai 600 034.
3.The Assistant Commissioner of Police, F3, Nungambakkam Police Station, Chennai 600 034.
4.The Inspector of Police, F3, Nungambakkam Police Station, Chennai 600 034. .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent police to implement the order of injunction passed in O.A.No.1253 of 2015 in C.S.No.201 of 2011 and also to conduct investigation based upon the complaint dated 22.01.2019 given by the petitioner and file a report.
For Petitioner : Mr.C.Umashankar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This Criminal Original petition has been filed seeking for a direction to the respondent police to implement the order of injunction passed in O.A.No.1253 of 2015 in C.S.No.201 of 2011
and also to conduct investigation based upon the complaint dated 22.01.2019 given by the petitioner and file a report.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents.
3. The learned counsel appearing for the petitioner would submit that the petitioner's mother has already filed an O.A.No.1253 of 2015 against the defendants in C.S.No.201 of 2011 seeking for an injunction not to put up any construction. He would further submit that an interim order of injunction was granted by this Court on 11.12.2015 and the same was made absolute on 22.02.2016 in favour of the petitioner.
4. The learned Additional Public Prosecutor would also admit the said petition.
5. It is seen that the defendants started putting up the construction in one of the portion, during the second week of January taking advantage of Pongal Holidays, thereby the defendants violated the order of injunction passed by this Court in O.A.No.1253 of 2015 in C.S.No.201 of 2011. Therefore, the petitioner lodged a complaint before the 4th respondent on 22.01.2019. The petitioner was issued in C.S.R.No.102 of 2019 on 29.01.2019.
6. Considering the facts and circumstances of the case, this Court directs the 4th respondent to consider all the complaints given by the petitioner and take appropriate action on the complaints, within a period two weeks from the date of receipt of copy of this order.
7. Accordingly, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar lpp To 1.The Commissioner of Police, Chennai City, E.V.K.S.Road, Vepry, Chennai 600 007.
2.The Deputy Commissioner of Police, F3, Nungambakkam Police Station, Chennai 600 034.
3.The Assistant Commissioner of Police, F3, Nungambakkam Police Station, Chennai 600 034.
4.The Inspector of Police, F3, Nungambakkam Police Station, Chennai 600 034.
5.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.C.Umashankar, Advocate Sr.No.10887 Crl.O.P.No.3315 of 2019 RK(CO) CSL/07.03.2019