S.Shanthi v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. Nos.23206 & 23207 of 2023 S.Shanthi ....
Petitioner Vs 1.The Director General of Police, Tamil Nadu Police, Mylapore, Chenani 600 004.
2.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.
3.The Commissioner of Police, Office of the Commissioner of Police, Avadi, Chennai 600 007.
4.The Inspector of Police, Mangadu Police Station, Mangadu, Chennai.
....
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records with respect of the compliance report in RC No.Court CellI/08/1618/2020 dated 10.12.2020 filed by the 4th respondent in contempt
petition No.1062 of 2022 in W.P. No.21224/2019 and direct the 1st respondent to enquire into the investigation conducted by the 4th respondent and submit a report on the compliance report with false statement filed in Contempt Petition No.1062 of 2022. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Criminal Side)
ORDER
The Writ Petition has been filed challenging the order passed by the 4th respondent in RC.No.Court Cell-I/08/1618/2020 dated 10.12.2020, thereby rejecting the request made by the petitioner to take appropriate action as directed by this Court in W.P. No.21224 of 2019.
2. The petitioner made a complaint against the counter party/trespassers before the 4th respondent. However, it was not acted upon and as such the petitioner approached this Court in W.P. No.21224 of 2019 and this Court by order dated 23.09.2019 directed the second respondent herein to conduct an enquiry on the complaint lodged by the petitioner and pass appropriate orders within a period of 12 weeks from the date of receipt of the copy of the order. However, the enquiry was not
completed within a period of 12 weeks and Contempt Petition in Cont.P. No.1062 of 2024 was filed, thereafter, the second respondent conducted a detailed enquiry and rejected the request made by the petitioner by order dated 10.12.2020 in R.C.No.Court Cell-I/08/1618/2020. 3.On perusal of the order passed by the second respondent, it is seen that already counter party filed suit in O.S. No.138 of 2019 as against the petitioner in respect of the disputed property and the same is pending. The petitioner also filed O.S. No.128 of 2019 before the learned District Munsif, Sriperumbudur and the same was decreed in his favour by granting injunction in I.A.No.541 of 2019. Therefore, the entire dispute is civil in nature, the petitioner is directed to resolve the issue before the Civil Court.
4.In view of the above, this Court finds no infirmity or illegality in the order passed by the 2nd respondent in RC No.Court CellI/08/1618/2020 dated 10.12.2020 and this petition is devoid of merits and the same is liable to be dismissed.
5.Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief. Consequently, connected Miscellaneous Petitions are also closed. No costs.
20.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rkp To 1.The Director General of Police, Tamil Nadu Police, Mylapore, Chenani 600 004.
2.The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.
3.The Commissioner of Police, Office of the Commissioner of Police, Avadi, Chennai 600 007.
4.The Inspector of Police, Mangadu Police Station, Mangadu, Chennai.
G.K.ILANTHIRAIYAN, J.
rkp and W.M.P. Nos.23206 & 23207 of 2023 20.02.2025