V.Rajamanickam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2417 of 2024 V.Rajamanickam ... Petitioner /vs./ 1.The Superintendent of Police, Pudukottai, 2.The Inspector of Police, Aranthangi Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second Respondent to take action on Petitioner's complaint dated 08.10.2023 and conduct enquiry and act in accordance with law.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the second Respondent to take action on Petitioner's complaint dated 08.10.2023 and conduct enquiry and act in accordance with law.

2. It is the further contention of the learned Counsel for the Petitioner that the Petitioner is the owner of the vehicle namely, Ashok Leyland Dost bearing registration No.TN-57-AP-0950 and he rented the said vehicle to one Raja Mohamed through one Alagiri and Jahubar Ali. The above three persons colluded with each other and by making a false promise to pay monthly rent for the vehicle, they failed to do so and also they did not return his vehicle also. Aggrieved over the same, the Petitioner preferred a complaint on 30.06.2023. Since no action was taken, the Petitioner again sent a reminder on 08.10.2023 in person. On receipt of the same, the second Respondent issued a receipt in C.S.R.No.1146 of 2023 dated 08.10.2023. Since no action was taken for conducting enquiry, the Petitioner approached this Court by way of filing this petition.

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3. The learned Additional Public Prosecutor on instructions from the Respondents would submit that based on the complaint, CSR No.1146 of 2023 was issued. After issuing notice to the parties, enquiry was conducted and on enquiry, it was found that the matter involves business transaction and the same is closed as civil dispute on 25.10.2023.

4. Recording the submission of the learned Additional Public Prosecutor, this Writ Petition is closed with direction to the petitioner to approach the competent Civil Court for the relief. No costs. 07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The Superintendent of Police, Pudukottai, 2.The Inspector of Police, Aranthangi Police Station, 3/5

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.2417 of 2024 Dated:

07.02.2024 5/5