D.Veeraragan, v. The Principal Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2018

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.22185 of 2018 and Crl.M.P.No.12246 of 2018 D.Veeraragavan ... Petitioner Vs.

1.The Principal Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Principal Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3.The Director General of Police, Chennai - 600 004.

4.The Inspector General of Police, North Zone, Alandur, Chennai.

5.The Superintendent of Police, Kancheepuram District, Kancheepuarm.

6.The Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to direct the fifth respondent to take action against the sixth respondent on the complaint dated 12.06.2018, for refusal to receive the complaint and failing to do the duty accordingly to law immediately.

For Petitioner : Mr.R.Balasubramanian For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the fifth respondent to take action against the sixth respondent based on the compliant given by the petitioner datd 12.06.2018.

2. The learned counsel for the petitioner has submitted that the accused persons have trespassed into the petitioner's property and criminally intimidated and hence, the petitioner has filed a petition in Crl.O.P.No.12019 of 2018, but this Court has dismissed the said petition with liberty that the petitioner has to work out his remedy in the manner set out in Sugesan Transport Pvt. Ltd. vs. The Assistant Commissioner of Police, Adayar, Chennai, 2016-2 L.W. (CRL) 499. He further submitted that by taking advantage of the dismissal of the previous petition, the accused persons again assaulted the petitioner on 11.06.2018 and set fire to the petitioner's thatched house and hence, a complaint was lodged before the sixth respondent, but the sixth respondent refused to take action and hence, the petitioner has sent a compliant to the fifth respondent to take action against the sixth respondent and on that complaint also, no action has been taken and hence, he requests to direct the fifth respondent to take action against the sixth respondent on the petitioner's complaint dated 12.06.2018.

3. The learned Government Advocate (Crl.Side) has submitted that since already the Crl.O.P.No.12019 of 2018 was dismissed by this Court, this petition is not maintainable.

4. The earlier petition (i.e.,) Crl .O.P.No.12019 of 2018, was filed to take action against the accused persons, who have trespassed into the petitioner's lands, whereas this petition has been filed to direct the fifth respondent (Superintendent of Police) to take action against the sixth respondent (Inspector of police) and therefore the fifth respondent is directed to enquire the petitioner's complaint dated 12.06.2018 and dispose of the same, in accordance with law and inform the result to the petitioner within a period of fifteen days from the date of receipt of a copy of this order.

5. With the above directions, the criminal original petition stands disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nmm/dss

To 1.The Principal Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Principal Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3.The Director General of Police, Chennai - 600 004.

4.The Inspector General of Police, North Zone, Alandur, Chennai.

5.The Superintendent of Police, Kancheepuram District, Kancheepuarm.

6.The Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.

7. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.R.Balasubrmanian, Advocate, S.R.No.63911 Crl.O.P.No.22185 of 2018 and Crl.M.P.No.12246 of 2018 SSV(CO) GN(26/10/2018)