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Madras High CourtWP(MD)/475/2022disposed of

Muruga Kanaga Sundari.S v. The Revenue Divisional Officer

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.475 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.475 of 2022 S.Muruga Kanaga Sundari ... Petitioner -Vs1.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

2.The Superintendent of Police, Tuticorin District.

3.The Inspector of Police, Vilathikulam Police Station.

4.R.Sridhar ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to take appropriate action against the 4th respondent under Section 133 of Criminal Procedure Code based on the complaint dated 18.12.2021.

For Petitioner : Mr.J.Jeyakumaran For R1 to R3 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for R1 to R3. 2.According to the petitioner, she gave a complaint dated 18.12.2021 and called upon the first respondent to take action as per Section 133 of Cr.PC. When the matter was taken up for disposal, the learned Additional Public Prosecutor for the respondent police submitted that since there was no response from both the parties, the complaint was closed. Hence, the petitioner is permitted to submit a fresh petition before the first respondent. If the said petition fulfils the requirements set out in Section 133 of Cr.P.C., the first respondent is bound to take action as per law. If the first respondent decides to take the matter on file, the same shall be concluded within a period of eight weeks thereafter. The first respondent shall of course hear the petitioner and other affected/interested parties before passing orders. The first respondent shall of course bear in mind the procedure set out in Cr.PC.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.475 of 2022 3.The Writ Petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Revenue Divisional Officer, Kovilpatti, Tuticorin District.

2.The Superintendent of Police, Tuticorin District.

3.The Inspector of Police, Vilathikulam Police Station.

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

W.P.(MD)No.475 of 2022 03.02.2022 RS(26.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2