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Madras High CourtWP/28015/2024disposed of

V.Palanithangam v. Commissioner Of Police

2024-09-23Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.30575 of 2024 V.Palanithangam ... Petitioner Vs

1. Commissioner of Police, Avadi Police Commissionerate Office, Avadi, Chennai, Tamil Nadu 600054.

2. The District Collector, Collectorate, Tiruvallur - 602001.

3. The Inspector of Police, T-5 Police Station, Thiruverkadu, Chennai, Tamil Nadu 600077.

4. P.Baskar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take action on the basis of petitioner complaint dated 10.08.2024 and representation dated 19.08.2024 against the fourth respondent and his henchmen and to protect petitioner decent life in petitioner property bearing Door No.81, Shannathi Street, Thiruverkadu, Chennai - 600077. For Petitioner : Mr.M.Manivasagam

for M/s M.Manivasagam Associates For R1 and R3 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 : Mr.P.Gurunathan Additional Government Pleader For R4 : M/s S.L.Sudarsanam

ORDER

This writ petition has been filed for direction directing the respondents 1 to 3 to take action on the basis of petitioner complaint under Section 23 of the Maintenance and Welfare of Senior Citizens Act, 2007, dated 10.08.2024.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The learned counsel for the petitioner would submit that pending complaint, the petitioner was thrown out from his property comprised in Door No.81, Shannathi Street, Thiruverkadu, Chennai. In fact, the petitioner had already settled all the properties in favour of his sons. There is only one property which stands in the name of the petitioner from which also now the petitioner has been thrown out by the fourth respondent.

4. The learned counsel for the fourth respondent submitted that it is completely false complaint and the fourth respondent never indulged in such

action.

5. In view of the above, the second respondent is directed to forward the complaint dated 10.08.2024 before the Revenue Divisional Officer, Tiruvallur. On receipt of the same, the Revenue Divisional Officer, Tiruvallur is directed to issue notice to the petitioner and the fourth respondent and conduct enquiry and after giving an opportunity of hearing to them, dispose of the complaint on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. In the meanwhile, the third respondent is directed to verify the possession of the petitioner from the property owned by him in Door No.81, Shannathi Street, Thiruverkadu, Chennai. On verification, if the petitioner was already dispossessed, the third respondent is directed to re-possess the petitioner in his property after enquiry with the fourth respondent, forthwith.

7. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no

order as to costs.

23.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. Commissioner of Police, Avadi Police Commissionerate Office, Avadi, Chennai, Tamil Nadu 600054.

2. The District Collector, Collectorate, Tiruvallur - 602001.

3. The Inspector of Police, T-5 Police Station, Thiruverkadu, Chennai, Tamil Nadu 600077.

Copy to The Revenue Divisional Officer, Tiruvallur.

G.K.ILANTHIRAIYAN. J, mn 23.09.2024