Madras High CourtWP/28566/2023disposed of

R.Vijayasamundeswari v. The Home Secretary

2023-10-10Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Vijayasamundeswari ... Petitioner Vs.

1.The Home Secretary, Government of Tamilnadu, Fort St.George, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Inspector General of Police, North Zone (St.Thomas Mount) Chennai - 600 016.

4.The District Superintendent of Police, Villupuram District, Villupuram.

5.The Inspector of Police, C-6, Mylam Police Station, Tindivanam Taluk, Villupuram District.

6.V.Perumal Mudaliar ... Respondents Prayer: Writ Petition is filed under Section 226 of Constitution of India, pleased to issue direction to the 4th respondent to directing the 5th respondent to take action on the petitioner's complaint dated 17.08.2023 against 1/4

V.Perumal Mudaliar, the 6th Respondent herein who illegally trespassed into the petitioner's property and caused damages to the Temple and life threat to the petitioner.

For Petitioner : Mr.R.Balasubramanian For Respondents : Mr.S.Udaya Kumar Government Advocate (Crl. Side) R1 to R5 : Mr.Kandhan Duraisamy for R6

O R D E R

The complaint was filed by the petitioner herein on 17.08.2023 and he alleges that the respondent police have not taken any action in spite of material to prove that his property damaged and there is a threat to life.

2. The learned Government Advocate (Crl.Side) submits that the private respondents have been asked to participate in the enquiry and on enquiry, necessary action will be taken on the complaint dated 17.08.2023.

3. The learned counsel appearing for the 6th respondent states that the Civil Court has decreed in his favour and the allegations made by the petitioner are false. These facts need to be placed before the investigating 2/4

officer to whom the complaint dated 17.08.2023 has been given. The parties cannot try to pressurize the court by filing petitions like this and intervene while directing the respondent police to act in accordance with the law. This Court is unable to understand, in spite of Supreme court mandates, why the complaint dated 17.08.2023 has not been taken up for investigation. The Station House Officer is hereby directed to register the complaint, issue notices to the parties, conduct a proper investigation and file final report within a period of two months.

4. With the above observation, this Writ Petition is disposed of. No costs.

10.10.2023 Index : Yes/No drl 3/4

To 1.The Home Secretary, Government of Tamilnadu, Fort St.George, Chennai - 600 009.

2.The Director General of Police, Mylapore, Chennai - 600 004.

3.The Inspector General of Police, North Zone (St.Thomas Mount) Chennai - 600 016.

4.The District Superintendent of Police, Villupuram District, Villupuram.

5.The Inspector of Police, C-6, Mylam Police Station, Tindivanam Taluk, Villupuram District.

4/4

Dr.G.JAYACHANDRAN,J.

drl 10.10.2023 5/4