Gopalakrishnan .M v. The Superintend Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2024

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.405 of 2024 Gopalakrishnan .M ... Petitioner /vs./ 1 .The Superintendent of Police Karur District.

2 .The Inspector of Police Karur Town Police Station, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to take action on the petitioners complaint dated 12.12.2023 under the criminal law in the light of the dictum laid down by the Honble Supreme Court of India in the case of Lalita Kumari vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1. For Petitioner : Ms.N.Krishnaveni Senior Counsel for Mr.S.Micheal Heldon Kumar 1/4

For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned counsel for the Petitioner submits that the Writ Petition had been filed to direct the Respondents to take action on the petitioners complaint dated 12.12.2023 under the criminal law in the light of the dictum laid down by the Honble Supreme Court of India in the case of Lalita Kumari V. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1.

2. The learned Counsel for the Petitioner submits that the Petitioner was threatened by some third parties. When the Petitioner went to the property, where the Petitioner has 1/3 share in Survey No.2229/1 to an extent of 0.28.00 hectares (17.2 Cents), third parties, who have no right or claim in the property, are threatening the Petitioner. Therefore, the Petitioner preferred a complaint with the 2nd Respondent. In spite of the complaint, the Respondent Police did not initiate any action. Therefore, the Petitioner was forced to file this Petition seeking Writ of Mandamus against the Respondents.

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3. The learned Additional Public Prosecutor by way of reply submits that as per the Circular of the Additional Director General of Police, Law & Order, Tamil Nadu, in C.No.18/ ADGP/ L&O/Camp/2024, dated 09.01.2024, the Field Officers through out the State were warned not entertain Complaint or register a Case, involving money dispute, land dispute, property dispute, pathway dispute, intellectual property dispute, etc. If the Field Officers violate the Circular, they were initiated proceedings.

4. In the light of the submissions made by the learned Counsel for the Petitioner and the learned Additional Public Prosecutor, this Writ Petition is dismissed with a direction to the Petitioner to seek appropriate remedy before the Civil Court. No costs.

10.01.2024 Index : Yes / No Internet : Yes / No NCC : Yes/ No LS 3/4

SATHI KUMAR SUKUMARA KURUP, J.

LS TO:

1 .The Superintendent of Police Karur District.

2 .The Inspector of Police Karur Town Police Station, Karur District.

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

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