M.Gandhi v. The Inspector Of Police

hIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29510 of 2015

1. M.Gandhi

2. P.V.Sakthivel .. Petitioners/Complainant Vs 1.The Inspector of Police, Parur Police Station, Pochampally Taluk, Krishnagiri District.

2. R.Palanivasan

3. R.Selvaraja

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the first respondent to register the petitioners complaint dated 02.11.2015 and investigate the same in accordance with law.

For Petitioners : Mr.M.S.Palaniswamy For Respondent no.1 : Mr C. Emalias, Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed seeking a direction to the first respondent to register the petitioners complaint dated 02.11.2015 and investigate the same in accordance with law.

2. In the petition, it has been stated that the petitioners belong to Paruvatha Raja Kula Fisherman Community and their community people with permission from the authorities were fishing in inland waters. They have formed a fisherman cooperative society, namely, FMR1 Kaveripattinam Paruvatha Raja Kula Fisherman Co-operative Society. There is an lake in Panandur Village, Krishnagiri District, maintained by PWD. Fishery right in that lake was leased out by PWD department to their co-operative society for a period of 5 years starting from 2014-15 to 2018-19. The co-operative society called for tenders

from the members of the society and the petitioners are the successful bidders and they have paid Rs.14,60,500/-. Whileso, respondents 2 and 3, who have no manner of right to fish in the lake, criminally obstructed the petitioners and attacked them with iron rod, sticks, aruval and other weapons. Hence, the petitioners have lodged a complaint on 02.11.2015 to the respondent police. But, till date, the respondent police has not registered any case on their complaint. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

4. The learned Additional Public Prosecutor submits that on receipt of the complaint of the petitioner, C.S.R.No.175 of 2015 has been assigned and the complaint given by the respondents 2 and 3 has also been assigned CSR.No.174 of 2015 and when both the matter were pending for enquiry, the first respondent referred the matter to Tahsildar for enquiry and the first respondent is awaiting report from the Tahsildar and on receipt of the report from the Tahsildar, the respondent would proceed further in the matter.

5. Considering the submission made by the learned Additional Public Prosecutor, this court directs the 1st respondent to expedite the enquiry and investigate the same in accordance with law, as early as possible.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp

To

1. The Inspector of Police, Parur Police Station, Pochampally Taluk, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.S. Palaniswamy, Advocate Sr.68542 Crl.O.P.No.29510 of 2015 GR(CO) Eu 12.1.16