S.Dhivya Rathna v. The Special Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN WP NO. 31342 of 2023 & WMP NOs. 30970 & 30971 of 2023 S.Dhivya Rathna W/o Saravanan, Thiruvengada Saran No 6/35, C, 1st Street, Dhandayuthapani Nagar, Kotturpuram, Chennai 600 085 Petitioner(s) Vs 1.The Special Officer Chief Minister Special Cell, Secretariat, Chennai 600 009.
2.The Director General of Police Dr. Radhakrishnan Salai, Mylapore, Chennai 600 004
3. The Commissioner Of Police Salem City, Sankarai Mani Road, Linemedu, Gugai, Salem 636 009
4. The Deputy Commissioner Of Police Salem City, Sankari Main Road, Linemedu, Kugai Salem 636 009
5. P. Palaniammal Inspector Of Police Anti Land Grabbing Special Cell, Salem City, Sankari Main Road, Linemedu, Kugai, Salem 636 009
6. Kathiresan Sub Inspector Of Police, Anti-land Grabbing Special Cell, Salem City Sankari Main Road, Linemedu, Kugal, Salem 636 009 .. Respondent(s) Prayer: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the report of the fifth respondent made in elg;g[j;jhspd; vz; kw;Wk; ehs; C.No.06/DC (HQ)/SLM(C)/2023, dt. 10.01.2023 and C.No.09/INS/ALGSC/Slm(C)/2023, dt.10.01.2023, dated 11.05.2023 and quash the same and consequently directing the second respondent to appoint a fair and impartial inquiry officer to inquire into petitioner's complaint, dated 10.01.2023 under the monitorship of the third respondent.
For Petitioner(s) : J.Nagarajan For Respondent(s) : K.M.D.Muhilan, Government Advocate, Criminal Side for 1 to 4
ORDER
This petition has been filed challenging the closure report of the fifth respondent and quash the same and consequently direct the second respondent to appoint a fair and impartial inquiry officer to inquire into petitioner's complaint, dated 10.01.2023 under the monitorship of the third respondent.
2. On perusal of the order passed by the 5th respondent, it is seen that already the petitioner has filed a Civil Suit in O.S.No.639 of 2018 seeking to declare the General Power of Attorney executed by her as null and void and hence, the issues as to whether the Power of Attorney executed by her is genuine or not and the petitioner and counter petitioners have committed breach of contract has to be decided by the civil court concerned. That apart, in the report, it was stated that no offence has been made out to register any FIR for the offence of preparing fradulent document.
3. In view of the above, this court finds no infirmity or illegality in the order passed by the 5th respondent. Therefore, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.
20-02-2025 msr Index:yes/no Internet: yes/no
G.K. ILANTHIRAIYAN, J.
msr To
1. The Special Officer Chief Minister Special Cell, Secretariat, Chennai 600 009
2. The Director General Of Police Dr. Radhakrishnan Salai, Mylapore, Chennai 600 004
3. The Commissioner Of Police Salem City, Sankarai Mani Road, Linemedu, Gugai, Salem 636 009
4. The Deputy Commissioner Of Police Salem City, Sankari Main Road, Linemedu, Kugai Salem 636 009
5. P. Palaniammal Inspector Of Police Anti Land Grabbing Special Cell, Salem City, Sankari Main Road, Linemedu, Kugai, Salem 636 009
6. Kathiresan, Sub Inspector Of Police, Anti-land Grabbing Special Cell, Salem City Sankari Main Road, Linemedu, Kugal, Salem 636 009.
7. The Public Prosecutor, Madras High Court.
WP NO. 31342 of 2023 & WMP NOs. 30970 & 30971 of 2023