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Madras High CourtWP/24728/2016disposed of

N.Ethiraj v. The Commissioner Of Police

2019-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.24728 of 2016 and W.P.Nos.21120 and 21121 of 2016 N.Ethiraj

...Petitioner

-Vs1.The Commissioner of Police, Egmore, Chennai - 600 008.

2.The Assistant Commissioner of Police, J-7 Police Station, Velacherry, Chennai - 600 042.

3.The Inspector of Police, J-7 Police Station, Velacherry, Chennai - 600 042.

4.Pradeep Kumar 5.Tamil Azhagan 6.Moorthy Azhagan ... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action on the Petitioner's complaint dated 28.11.2015 in respect of his property at Door No.137, Velacherry, Chennai - 600 042 in Survey Nos.362/1, 380/1, 380/2, 381, 402/1 and 403, Chennai and thereby give protection to the property and prevent the 4th - 6th respondents, their men, agents, servants from causing disturbance, damaging or altering the shops present on the property in any manner whatsoever other than under a due process of law.

For Petitioner : Mr.R.Arun Kumar For RR1 to R3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For RR4 to R6 : No Appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

The writ petition has been filed to direct the respondents 1 to 3 to take appropriate action on the Petitioner's complaint dated 28.11.2015 in respect of his property at Door No.137, Velacherry, Chennai - 600 042 in Survey Nos.362/1, 380/1, 380/2, 381, 402/1 and 403, Chennai and thereby give protection to the property and prevent the 4th - 6th respondents, their men, agents, servants from causing disturbance, damaging or altering the shops present on the property in any manner whatsoever other than under a due process of law.

2.

The petitioner seeks direction to the respondents to take appropriate action on the Petitioner's complaint dated 28.11.2015 in respect of his property at Door No.137, Velacherry, Chennai - 600 042 in Survey Nos.362/1, 380/1, 380/2, 381, 402/1 and 403, Chennai. Now, almost three years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file a fresh petition, on fresh cause of action, if so advised.

3.

With the above observations, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pds/lok To 1.The Commissioner of Police, Egmore, Chennai - 600 008.

2.The Assistant Commissioner of Police, J-7 Police Station, Velacherry, Chennai - 600 042.

3.The Inspector of Police, J-7 Police Station, Velacherry, Chennai - 600 042.

4.The Additional Public Prosecutor, High Court of Madras.

W.P.No.24728 of 2016 and W.P.Nos.21120 and 21121 of 2016 BS(CO) RRS(12/04/2019) https://hcservices.ecourts.gov.in/hcservices/