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Madras High CourtWP/22081/2017disposed of

J.Jayalakshmi v. The Tahsildar

2019-03-15Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.22081 of 2017 1.J.Jayalakshmi 2.J.Hemanthkumar 3.J.Ramesh 4.J.Sree Ramamoorthy 5.J.Hemabushnam 6.J.Subramanyam ... Petitioners Vs.

1. The Tahsildar, Gummidipoondi,

2. Surveyor, Nemallore Village,

3. The Superintendent of Police, Tiruvallur,

4. The Deputy Superintendent of Police, Gummidipoondi,

5. The Inspector of Police, Aarambakkam,

6. The Sub-Inspector of Police, Padirvedu Police Station, Padirvedu, Madarapakkam Post,

7. Venu Reddy alias Venu Gopal reddy

8. The Panchayat President,

9. The Block Development Officer, Gummidipoondi Taluk *10.Krishnamma

...Respondents

Prayer :

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the sixth respondent to register complaint against the 7th and 10th respondents in respect of the complaints dt:09.12.2016 and 11.12.2016 which are lodged before the sixth respondent; and also in respect of the complaints dt: 20.12.2016 and 22.12.2016, lodged before third respondent due to the guilty acts done intentionally by the seventh respondent by means of (i) by preventing the respondents 1,2 and 9 from doing the lawful acts, which are especially in respect of Surveying and protecting of Petitioners' vacant land of S.No.243/1A1, by using undue influence of 8th respondent and others; (ii) by putting up boundary wall construction unlawfully by trespassing and grabbing the petitioners' premises bearing S.No.243/1A1 by using undue influence of the respondents 5 and 8 and others especially even after the petitioners' grievance has been put before the third respondent.

For Petitioners : Mr.M.Prabakar For Respondents For R1 to R6 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R7 : Mr.S.Krishnamurthy For R8 to R10: No Appearance

O R D E R

This petition has been filed to direct the sixth respondent to register a case against the seventh and tenth respondents in respect of the complaints dated 09.12.2016 and 11.12.2016.

2. Now, almost three years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner

cannot be granted now. However, the petitioner is at liberty to file a fresh petition, on fresh cause of action, if so advised.

3. With the above observations, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) 27.06.2019 * Corrected order to be issued Sd/- Sub Assistant Registrar 01.10.2019 //True Copy// Sub Assistant Registrar Rts To

1. The Tahsildar, Gummidipoondi,

2. Surveyor, Nemallore Village, Tiruvallur District, Tamilnadu.

3. The Superintendent of Police, Tiruvallur, Tiruvallur District, Tamilnadu.

4. The Deputy Superintendent of Police, Gummidipoondi, Gummidipoondi Taluk, Tiruvallur District, Tamilnadu.

5. The Inspector of Police, Aarambakkam, Gummidipoondi Taluk, Tiruvallur District, Tamilnadu.

6. The Sub-Inspector of Police, Padirvedu Police Station, Padirvedu, Madarapakkam Post, Tiruvallur District, Tamilnadu.

7. The Panchayat President, Tiruvallur District, Tamilnadu.

To be Substituted to the Order already despatched

8. The Block Development Officer, on 18.09.2019 Gummidipoondi Taluk Tiruvallur District, Tamilnadu.

9. The Public Prosecutor, Madras High Court, Chennai W.P.No.22081 of 2017 MP(CO) RMP(01/07/2019) CS/16/09/2019 CS/03/10/2019