M.Vijaya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.Vijaya .. Petitioner Vs

1. The Superintendent of Police Office of the Superintendent of Police Sivagangai

2. The Inspector of Police Kallal Police Station Sivagangai District .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to complete the enquiry in a speedy manner on the complaint of the petitioner dated 26.12.2022 vide CSR no.7 of 2023 and take further action. For Petitioner : Mr.D.Senthil For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/6

ORDER

This Writ Petition has been filed to direct the second respondent to complete the enquiry in a speedy manner on the complaint of the petitioner dated 26.12.2022 vide CSR no.7 of 2023 and take further action.

2. The petitioner has lodged a complaint on 26.12.2022 stating that there was a dispute with one Sornavalli and her husband who are neighbours with regard to the damage of pipe line. They entered into the house of the petitioner and damaged the pipeline fixed with the wall of the petitioner. Therefore she had lodged a complaint before the respondent police which was taken in CSR No.7 of 2023 on 04.01.2023.

3. The contention of the petitioner is that the petitioner got admitted in the Government Hospital at Kalaiyarkovil from 26.12.2024 to 28.12.2024. but the respondent police has not registered any case. He further submitted that the petitioner has also made subsequent representations and the Inspector of Police, Kalaiyarkovil Police Station was directed to conduct enquiry on 12.07.2023 and was also directed to 2/6

complete the same within a period of ten days. Thereafter, he has sent another representation dated 31.07.2023, again the Inspector of Police was directed to submit a report within ten days followed by another representation dated 01.11.2023 and this time, the Deputy Superintendent of Police was directed to conduct enquiry followed by another representation dated 19.11.2023, again the Deputy Superintendent of Police was directed to conduct enquiry and conclude the same within seven days, thereafter too no action has been taken. Hence the above petition has been filed.

4. The learned Additional Public Prosecutor submitted that the petitioner's complaint was received in CSR No.7 of 2023. Though the occurrence said to have taken place on 26.12.2024 the complaint was registered on 04.01.2023 and thereafter enquiry was conducted. The petitioner and the counter petitioners were called for enquiry and the enquiry was closed on 19.07.2023 finding it as a domestic dispute between the neighbours with regard to the damage of pipe line. After closure of the representation the petitioner has been continuously representations to various authorities. The Superintendent of Police, 3/6

Sivagangai District had nominated one Inspector to conduct investigation and thereafter another Deputy Superintendent of Police to conduct enquiry and the same was also closed. If at all the petitioner is aggrieved the petitioner can file a appropriate petition in the manner known to law and not a mandamus petition.

5.The learned counsel appearing for the petitioner was also served with the copy of the closure report.

6. In view of the same, nothing survives for further adjudication in this petition and the petitioner is liable to be dismissed.

7. Accordingly this Writ Petition stands dismissed. No costs. 06.01.2025 Index: Yes/No Internet : Yes/No aav 4/6

To

1. The Superintendent of Police Office of the Superintendent of Police Sivagangai

2. The Inspector of Police Kallal Police Station Sivagangai District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

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