M.Chinnaponnu v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.876 of 2016 M.Chinnaponnu ... Petitioner Vs State rep. by

1. The Superintendent of Police, Nethimedu, Salem.

2. The Inspector of Police, Valapadi Police Station, Valapadi Taluk, Salem District ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register the complaint of the petitioner dated 18.12.2015 and to investigate it in accordance with law.

For Petitioner : Mr.P.Thangavel For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to direct the second respondent to register the case on the petitioner's complaint dated 18.12.2015.

2. The petitioner had purchased a vacant land measuring 660 sq.ft in Natham S.F.No.203/2, new S.F.No.513/20 in Kurichi village, Valapady Taluk, Salem District from one Sekar, who is the power agent of one Thammanna Gounder and she also obtained patta in her name. When the petitioner started construction in the said property, the said Thammanna Gounder and his family members have trespassed into the land and threatened the petitioner. They are also harassing the petitioner and her family members by illegally trying to enter into her property. Hence, she filed a suit in O.S.No.221 of 2015

before the Principal district Munsif Court, Salem for permanent injunction and the same was pending. The petitioner lodged a complaint before the second respondent police on 18.12.2015. But, till date no action was taken on the said complaint. Hence, the present criminal original petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. When the matter is taken up for consideration, the learned Additional Public Prosecutor submitted that the complaint was sent by the petitioner only by post. If a fresh complaint is given by the petitioner in person, necessary action will be taken.

5. In view of the submission made by the learned Additional Public Prosecutor, the petitioner is directed to give a fresh complaint along with a copy of this order to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such complaint, this Court directs the second respondent to conduct enquiry on the complaint of the petitioner and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he is directed to proceed further in accordance with law, as early as possible.

6. This criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Nethimedu, Salem.

2. The Inspector of Police, Valapadi Police Station, Valapadi Taluk, Salem District

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Thangavel, Advocate, S.R.No.2386 Crl.O.P.No.876 of 2016 rsy(CO) srg(29/01/2016)