N.K.Leelavathy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP Nos.14585 & 11195 of 2015 and W.P.No.6062 of 2015 & M.P.Nos.1 and 2 of 2015 1.N.K.Leelavathy .. 1st Petitioner in Crl.OP.14585/2015 2.N.Govindarajan .. 2nd Petitioner in Crl.OP.14585/2015 Petitioner in Crl.OP.11195/2015 & Petitioner in W.P.6062/2015 3.Srividya Govindarajan .. 3rd Petitioner in Crl.OP.14585/2015 4.Loganathan .. 4th Petitioner in Crl.OP.14585/2015 5.V.Maheswari .. 5th Petitioner in Crl.OP.14585/2015 Vs 1.The Commissioner of Police, Egmore, Chennai.

.. 1st Respondent in Crl.OP.14585/2015 .. 1st Respondent in W.P.6062/2015 2.The Inspector of Police, Central Crime Branch, Team -XVIA, Vepery Chennai-7.

.. 2nd Respondent in Crl.OP.14585/2015 3.The Commissioner of Police, Chennai City Commissioner Office, Purasaiwakkam, Chennai.

.. 1st Respondent in Crl.OP.11195/2015 4.State, represented by R-1, Mambalam Police Station, .. 2nd Respondent in Crl.OP.11195/2015 5.State, represented by Team-5, CCB, Commissioner Office, Purasaiwakkam, Chennai.

.. 3rd Respondent in Crl.OP.11195/2015 6.The Joint Commissioner of Police, St.Thomas Mount, Chennai -600 016.

.. 2nd Respondent in W.P.6062/2015 7.The Assistant Commissioner of Police, .. 3rd Respondent in W.P.6062/2015 8.The Inspector of Police, .. 4th Respondent in W.P.6062/2015 9.Mr.Radhakrishnan Assistant Commissioner of Police, .. 5th Respondent in W.P.6062/2015 10.Mr.Krishnamurthy .. 6th Respondent in W.P.6062/2015 11.T.G.Neelan .. 7th Respondent in W.P.6062/2015 12.S.Logeswari .. 8th Respondent in W.P.6062/2015 Prayer in Crl.OP.14585 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to issue direction, directing the respondents herein not to harass the petitioner's without due process of law.

Prayer in Crl.OP.11195 of 2015:

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the transfer of investigation in Crime No.1517 of 2015 on the file of the second respondent police to CBCID or third respondent or any other fair agency.

Prayer in W.P.6062 of 2015:

Writ Petition filed under Article 256 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to take action against the 5 to 8 respondents on the basis of the complaint/ representation dated 27.02.2015 given by the petitioner in the light of the Hon'ble Court reported judgment in 2010 4 CTC 324.

For Petitioners :Mr.L.Infant Dinesh [ in both Crl.OPs] Mr.V.Stalin [ in WP.No.6062 of 2015]

For Respondents :Mr.C.Emalias Additional Public Prosecutor [in both Crl.OPs & R1 to R6 in WP.6062/2015] : Mr.N. Raja Vadivelu, for 7& 8 in WP.6062/15 COMMON ORDER On 16.06.2015, this Court has directed the Deputy Commissioner of Police, T.Nagar, Chennai, to conduct enquiry with regard to the allegations made against the Police and also about the aggression committed by some persons, for taking forcible possession of the property within the jurisdiction.

2.The Deputy Commissioner of Police, T.Nagar, Chennai, has conducted enquiry and he has filed a final report dated 10.08.2015, wherein in paragraph Nos. 16, 17, 18 & 19, he has stated as follows :

16)Ï submit that it is the immediate and necessary action initiated by the Inspector of Police, R1 Mambalam Police Station curtailed further occurrences in between both the parties and the situation is normal and calm. Tr.Govindarajan is now in possession and enjoyment of the property disputed by Tr.Neelan and Tmt.Logeshwari peacefully and no further occurrence is reported. Beat parties are regularly visiting the area to avert any untoward incident and signing the patta books kept there in favour for visiting the area.

17)I submit that, the case registered in R1 PS Cr.No.1517/2015 based on the complaint Tr.Govindarajan is investigated and on completion of the investigation, charge sheet has been filed against Tr.Neelan, Tr.Murugesan and others and the same was taken on file in CC.No.3839/15 dated 28.07.15.

18)I submit that though Tr.Neelan, Tmt.Logeshwari and Tr.Govindarajan were disputing in the Civil Court in connection towards the claim of ownership over the property in dispute, but any how physical possession and enjoyment of the same with Mr.Govindarajan.

19)The alleged aggression as raised in the complaint of Tr.Govindarajan was properly and suitably handled and at present no such complaint for any source from the above disputing parties.

3. Accepting the aforesaid report of the Deputy Commissioner of Police, T.Nagar, Chennai, these petitions are closed with liberty to the petitioner to work out their remedies in the manner

known to law. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ds To 1.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, Team -XVIA, Vepery Chennai-7.

3.The Commissioner of Police, Chennai City Commissioner Office, Purasaiwakkam, Chennai.

4.The Inspector of Police, R-1, Mambalam Police Station, 5.The Inspector of Police, Team-5, CCB, Commissioner Office, Purasaiwakkam, Chennai.

6.The Joint Commissioner of Police, St.Thomas Mount, Chennai -600 016.

7.The Assistant Commissioner of Police, 8.The Inspector of Police, 9.Mr.Radhakrishnan Assistant Commissioner of Police,

10.Mr.Krishnamurthy 11.The Public Prosecutor, High Court, Madras.

12. The Deputy Commissioner of Police, 1 cc to Mr.L. Infant Dinesn, Advocate Sr.41955 + 1 cc to Mr.N. Rajavadivelu, Advocate SR.41937 Crl.OP Nos.14585, 11195 of 2015 and W.P.No.6062 of 2015 KJI(CO) EU 26.08.15.08.2015