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Madras High CourtWP/15049/2021disposed of

Mrs.S.Kavitha v. The State Rep By

2021-07-23Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.15049 of 2021 S.Kavitha

...Petitioner

Versus

1. The State Rep.by The District Superintendent of Police O/o.The District Superintendent of Police Salem District.

2. The Inspector of Police Ethappur Police Station Pethanayakkam Palayam Taluk Salem District.

3. Meena

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent not to harass the petitioner by passing orders on the representation dated 09.07.2021. For Petitioner : Mr.T.Velu For Respondents : Mr.A.Damodaran for R1 & R2 Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the first respondent not to harass the petitioner by passing orders on the representation dated 09.07.2021.

2. It is seen that one Meena wife of Neduncheiyan had lodged a complaint against the petitioner alleging that the petitioner involved in money lending, charging excess interest and also forced to charge speed interest. Further, she taken meena's property document, retaining the same and now, threatening to take away the entire property. On the complaint lodged by the said Meena, the petitioner was called for enquiry. However, the petitioner failed to appear before the respondent police and filed this petition.

3. The contention of the petitioner is that the petitioner had appeared for enquiry on 11.06.2021. The further contention of the petitioner is that she sent a representation https://hcservices.ecourts.gov.in/hcservices/

dated 09.07.2021 to the respondent Police, stating that the third respondent along with one person from News 24 channel had threatened her and hence, she lodged a complaint on 11.06.2021. But no action taken. However, on the complaint of the third respondent, the petitioner was called for enquiry and harassed by the respondent police. Hence, she has filed this petition.

4. The learned Government Advocate (Crl.Side) has submitted that the petitioner was involved in money lending. The petitioner by offering money to the innocent persons enters agreement of sale and subsequently, takes their documents as security and finally takes physical possession of the property by force. Unless the petitioner appear for enquiry and offer her explanation with relevant documents, enquiry could not be conducted.

5. In view of the same, the appearance of the petitioner is very much necessary. Hence, the petitioner is directed to appear for enquiry before the respondent police on 28.08.2021 and 29.08.2021.

6. With the above direction, this Writ Petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar dna To

1. The District Superintendent of Police O/o.The District Superintendent of Police Salem District.

2. The Inspector of Police Ethappur Police Station Pethanayakkam Palayam Taluk Salem District.

3. The Public Prosecutor, High Court, Madras.

W.P.No.15049 of 2021 PCH(CO) LS(23/08/2021) https://hcservices.ecourts.gov.in/hcservices/