Madras High CourtWP(MD)/1654/2025disposed of

D.S. Saravanan v. The Deputy Superintendent Of Police

2025-01-23Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR D.S.Saravanan Founder/President Tamil Nadu Fly Ash bricks and Block's Manufactures Association S/o.Rengasamy No.33, Acharappan Street, Chennai-1 .. Petitioner Vs

1. The Deputy Superintendent of Police Samayanallur Sub Division Madurai District

2. The Inspector of Police Samayanallur Police Station Madurai District .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to take further action upon the petitioner's complaint in CSR No.932 of 2024 dated 26.12.2024 with in a time framed by this Court. 1/5

For Petitioner : Mr.B.Vinoth Kumar For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the second respondent to take further action upon the petitioner's complaint in CSR No.932 of 2024 dated 26.12.2024 with in a time framed by this Court.

2. The petitioner who is the founder member of fly ash bricks and blocks manufacturer association had lodged a complaint to the second respondent police to take action against Arulraj, Sasidhar Ravi, Sivakumar, Tamilselvan who had misused the petitioner's association name and further claiming that they are going to call Tamil Nadu Chief Minister, MLA and other dignitaries for new year celebrations. Further they have also arranged for a meeting in MS Mahal at Paravai. They also used the association name and collected huge sum of money, hence the petitioner has lodged a complaint. The respondent police assigned CSR No.932 of 2024 and after enquiry closed it on the same day, w hich is not proper.

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3. The learned Additional Public Prosecutor fairly submitted that in this case CSR No. 932 of 2024 assigned to the petitioner's complaint and thereafter on the same day it was closed recording that counter complainant had taken time to furnish document, hence the complaint was closed.

4. It is seen that the complaint was given on 26.12.2024 and the same was closed on 26.12.2024, hence the contention of the learned Additional Public Prosecutor is not acceptable.

5. The learned counsel appearing for the petitioner on instructions submitted that the petitioner will appear before the respondent police for enquiry on 30.01.2025 along with supporting materials. He further apprehends that the same Inspector of Police may not be the proper officer to conduct enquiry since he had earlier closed the petition.

6. In view of the same, the closure report in CSR No. 932 of 2024 is set aside. The petitioner is directed to appear before the Deputy Superintendent of Police, Samayanallur for enquiry on 30.01.2025 with 3/5

all relevant materials . The Deputy Superintendent of Police, Samayanallur is directed to conduct enquiry in this regard and dispose of the same within a period of two months from 30.01.2025.

7. With the above direction, the Writ Petition stands disposed of. No costs.

23.01.2025 Index: Yes/No Internet : Yes/No aav Note: Issue order copy on 27.01.2025 To

1. The Deputy Superintendent of Police Samayanallur Sub Division Madurai District

2. The Inspector of Police Samayanallur Police Station Madurai District

3. The Deputy Superintendent of Police, Sivagangai

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

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M.NIRMAL KUMAR, J.

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