Madras High CourtWP/11660/2024disposed of

A.Bhavani v. State Of Tamil Nadu

2024-04-25Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN W.P. No.11660 of 2024 A.Bhavani ...

Petitioner /vs/

1. The State of Tamil Nadu, Rep. by its Home Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, O/o. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

4. The Deputy Commissioner of Police, (South Zone), Police Office Street, St. Thomas Mount,

5. Murali, The Assistant Commissioner of Police, S1, St. Thomas Mount Police Station, 1st Floor, Chennai - 600 016.

6. Vetriselvan, The Inspector of Police, S-1, St. Thomas Mount Police Station,

7. Kanniappan, Sub Inspector of Police, S1, St. Thomas Mount Police Station,

8. Lucky Murugan

9. U.Navin Kumar

10. S.Geetha

11. G.Jagan

12. B.Sujatha ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to initiate appropriate legal action on the petitioner's representation dated 14.03.2024 within a stipulated period of time and to directed the respondents 1 and 3 to take legal action against the respondents 5 to 7 in accordance with law for the dereliction of duty and abetting the respondents 8 to 12 to committed non bailable offences.

For Petitioner ... Mr.J.Lingeswaran For Respondents ... Mr.S.Udaya Kumar Govt. Advocate (Crl.side) for R1 to R6

ORDER

This petition is filed seeking a writ of mandamus on the ground that the representation of the petitioner dated 14.03.2024 alleging illegal criminal trespass by the respondents 7 to 12, has not been acted upon.

2. The learned Government Advocate (Crl.side) submitted that the civil dispute between the family members is pending in O.S.No.54 of 2024 on the file of the District Munsif Court, Alandur in respect of the property. Therefore, being a civil dispute, the Police has not registered any FIR. He also submitted that the complainant, after sending the representation, has not co-operated with the enquiry.

3. Taking note of the fact that the dispute between the parties regarding right over a piece of land has lead to congregation of persons in support of either side and causing law and order problem, the respondent

police shall take note of the representation of the petitioner dated 14.03.2024 and act in accordance with law by conducting enquiry and by following due process of law.

4. With the above observations, this Writ Petition is disposed of. No costs.

25.04.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The Home Secretary to Government, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police, O/o. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

4. The Deputy Commissioner of Police, (South Zone), Police Office Street, St. Thomas Mount,

4. The Public Prosecutor, Madras High Court.

G.JAYACHANDRAN, J., bkn 25.04.2024