A. Sathyabama v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR W.P.(MD)No.2253 of 2025 A. Sathyabama ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2. The Inspector of Police, District Crime Branch (Anti Land Grabbing Wing), Pattukottai District.

3. Vasanthi

4. Alagan ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 2nd Respondent to consider petitioner's representation, dated 24.12.2024 and take necessary appropriate action as against the Respondents 3 and 4.

For Petitioner : Mr.S.Mahindra Pathy For Respondents : Mr.A.Thiruvadikumar (R1,R2) Additional Public Prosecutor 1/5

O R D E R

The prayer in this writ petition is to direct the 2nd Respondent to consider the petitioner's representation, dated 24.12.2024 and take necessary appropriate action against the Respondents 3 and 4. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents Police. Perused the materials available on record.

3.It is the contention of the petitioner that the petitioner's father was employed in Southern Railway. His father had purchased a property in S.No.4/2 at Mathur Village, Kulathur Taluk, Pudukottai District. During the year 1991, his father passed away and his mother passed away on 26.11.2007. After that his two brothers viz., Rajgopal and Santhana Krishnan also passed away. The petitioner is in possession and enjoyment of the properties. On 24.11.2024, the petitioner took steps to fence the property. The 3rd respondent forged the legal heir certificate, as if, she is the only legal heir of his father and executed a sale deed in favour of the 4th respondent. Though the parental documents are in favour of the petitioner, the 2nd respondent failed to take action against the private respondents, based on her complaint, dated 2/5

24.12.2024. Hence, this petition has been filed. 4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that in the complaint given by the petitioner on 24.12.2024, investigation has been done. The 3rd respondent was directed to appear for enquiry today (ie., 28.01.2025). During the enquiry, the specimen signature of the third respondent/Vasanthi and documents will be collected for verification. The petitioner's complaint will be enquired along with the contemporary documents, thereafter, appropriate action would be taken. 5.In view of the aforesaid submission, the 2nd respondent is directed to conduct enquiry based on the complaint of the petitioner, dated 24.12.2024, ensure the presence of the private respondents and complete the investigation within a period of two months from the date of receipt of copy of the order, thereafter, take appropriate action based on the final report.

6. With the above directions, the Writ Petition stands disposed of. 28.01.2025 Index : Yes/No Internet : Yes PNM 3/5

To:

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2. The Inspector of Police, District Crime Branch (Anti Land Grabbing Wing), Pattukottai District.

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

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M. NIRMAL KUMAR,J., PNM W.P.(MD).No.2253 of 2025 28.01.2025 5/5