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Madras High CourtWP/8894/2023disposed of

Subbu v. The Superintendent Of Police

2023-03-23Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Subbu ... Petitioner Vs.

1. The Superintendent of Police, Tiruvannamalai District,

2. The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.

3. Naresh Reddy Gudla ...Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st and 2nd respondent to take criminal action as against the 3rd respondent by complaint dated 08.03.2023.

For Petitioner : Mr.S.Premakumari For Respondents : Mr.S.Santhosh (For R1 & R2) Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed seeking direction to the 1st and 2nd respondent to take criminal action as against the 3rd respondent as per complaint dated 08.03.2023.

2.The learned counsel for the petitioner submitted that petitioner is a tenant under one Arasu. It appears that, certain proceedings have been initiated under SARFAESI ACT. In connection with SARFAESI proceedings, 3rd respondent is trying to forcibly evict the petitioner with his men. Therefore, present petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that, on the basis of the complaint given by the petitioner dated 08.03.2023, current paper enquiry is pending in C.No.224 of 2023.

4. The learned counsel for the petitioner is not able to inform this Court as to the date of entering into the tenancy agreement between the petitioner and Arasu. The copy of the tenancy agreement is not produced in this Court. It is also not informed that, whether tenancy is registered under tenancy law.

5. In the light of the submissions made by the counsel appearing for the parties, this Court directs the Respondent R1 & R2 to take appropriate action on the basis of the complaint given by the petitioner, in the manner known to law.

6. With the above observations and directions, this Criminal Original petition is disposed of.

23.03.2023 Index :Yes/No Internet:Yes/No Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The Superintendent of Police, Tiruvannamalai District,

2. The Inspector of Police, Arani Taluk Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

W.P. No.8894 of 2023 23.03.2023