K.Radhalakshmi v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2015

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.27204 of 2015 K.Radhalakshmi ... Petitioner Vs.

1. The State rep by Inspector of Police(Law and Order) S-4, Nandambakkam Police Station, Nandambakkam, Chennai 600 089

2. J.Edwin Navis ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police to register case based on the petitioner's complaint dated 16.10.2015 for enquiry and to conduct the impartial enquiry and file a final report against the said person in accordance with law.

For Petitioner : Mr.P.Subba Reddy For 1st Respondent: Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed for a direction to the respondent to register case based on the petitioner's complaint dated 16.10.2015 for enquiry and to conduct the impartial enquiry and file a final report against the said person in accordance with law.

2.The petitioner and her husband gave a complaint on 16.10.2015 to the respondent police as against one J.Edwin Navis on the allegation that the said J.Edwin Navis trespassed into the petitioner's property and put up the name board 'Ratna Hi Tech Engineering'. It is the case of the petitioner that she is the owner of the small industrial estate at No.3/88, mount Poonamallee Road, Ramapuram, Chennai and there are a number of occupants as tenants and taking advantage of the urban land ceiling proceedings, the said J.Edwin Navis, who is neither a tenant nor in occupation of the place is instigating the tenants https://hcservices.ecourts.gov.in/hcservices/

not to pay the rents to the petitioner apart from fixing the board 'Ratna Hi Tech Engineering'. Since no action has been taken on the complaint, the petitioner has come forward with this petition.

3.The learned Additional Public Prosecutor would submit that on enquiry, the respondent came to know that the land belongs to the Government and in this regard they are awaiting a report from the office of the District Collector and once they receive the report, they would take further action.

4.I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 5.In view of the submissions made on either side, this Court directs the first respondent to expedite the process of enquiry and proceed further in accordance with law, as early as possible preferably, within a period of three months from the date of receipt of a copy of this order.

6.With the above directions, the Criminal Original Petition is disposed of.

pri s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector of Police(Law and Order) S-4, Nandambakkam Police Station, Nandambakkam, Chennai 600 089.

2. The Public Prosecutor High Court, Madras.

+ 3 ccs to Mr.P.Subba Reddy, Advocate SR 62714 sr(co) prk9/12 Crl.O.P.No.27204 of 2015 https://hcservices.ecourts.gov.in/hcservices/