N.Ummusalma v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.21588 of 2017 and W.M.P.No.22573 of 2017 N.Ummusalma .. Petitioner Vs.
1. The Superintendent of Police, Cuddalore District.
Ciddalore.
2. The Inspector of Police, Chidambaram Town Police Station, Chidambaram.
3. The Sub Inspector of Police, Chidambaram Town Police Station, Chidambaram.
4. R.K.Kamalakannan ..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to take action against the respondents 3 and 4 in accordance with law for their illegal acts of threatening the petitioner to forcibly surrender the possession of her absolute ownership landed property of 2741 sqft., at Door No.153, Wart No.6, Block No.7 at Chidambaram Town Kadai Street, Chidambaram Taluk, comprised in T.Survey No.516 to the 4th respondent, contrary to law and the judgment of this Court in A.S.No.727 of 1999, dated 02.01.2008 and confirmed by order passed in the Review Appln. (MD) Nos.29 to 31 of 2002, dated 20.06.2012.
For Petitioner : Mr.P.M.Subramaniam For Respondents No.1-3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor
For Respondent-4 : M/s Ma.Pa.Thangavel
ORDER
This writ petition has been filed by the writ petitioner to direct the first respondent to take action against the respondents 3rd and 4th in accordance with law for their illegal acts of threatening the petitioner to forcibly surrender the possession of her absolute ownership landed property of 2741 sqft., at Door No.153, Ward No.6, Block No.7 at Chidambaram Town Kadai Street, Chidambaram Taluk, comprised in T.Survey No.516 to the 4th respondent, contrary to law and the judgment of this Court in A.S.No.727 of 1999, dated 02.01.2008 and confirmed by order passed in the Review Appln. (MD) Nos.29 to 31 of 2002, dated 20.06.2012.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents 1 to 3 and also the counsel for the fourth respondent and perused the materials available on record.
3. It is seen that there are serious allegations as against the fourth respondent.
In this regard, a detailed representation was submitted by the petitioner on 08.08.2017 before the first respondent/Superintendent of Police.
4. Considering the above facts and circumstances of the case, the first respondent is directed to conduct an enquiry based on the petitioner's representation dated 08.08.2017 submitted by the petitioner, after giving an opportunity of personal hearing to the fourth respondent and file a report before this court on or before 26.04.2019.
5. Further, the petitioner is also directed to submit a fresh copy of the representation sent to the first respondent within a period of two days from the date of receipt of a copy of this order, to the first respondent.
6. With the above observations, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
msm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Superintendent of Police, Cuddalore District.
Ciddalore.
2. The Inspector of Police, Chidambaram Town Police Station, Chidambaram.
3. The Sub Inspector of Police, Chidambaram Town Police Station, Chidambaram.
4.The Public Prosecutor High Court of Madras, Chennai.
+1cc to Mr.P.M.Subramaniam, Advocate, SR.No.30563 W.P.No.21588 of 2017 Kak(03/04/2019)